Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Earl Fife and Sir James Duff v. Sir John Sinclair
1780. Case No. No 111.
Effect where the superior unentered.
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Alexander Brodie of Brodie, superior of Wester Brims, belonging in property to the Earl of Caithness, having died in 1759, his heir finding the estate encumbered, declined making up titles till 1773, when he obtained a Crown charter, and conveyed the superiority to Earl Fife, who transferred it to Sir James Duff, in liferent, and to the Earl himself, in fee. In the mean time, Sir John Sinclair of Murkle, to whom the property devolved on the Earl of Caithness's death, obtained a decree of declarator of tinsel of the superiority against the heirs of Alexander Brodie, and had in consequence thereof procured a charter from the Crown, supplendo vices of the immediate superior; and Earl Fife and Sir James Duff having claimed to be enrolled on these lands, at Michaelmas 1779, Sir John Sinclair objected that he was the immediate vassal of the Crown, and that the heirs of Alexander Brodie had lost the superiority during their lives, by act 1474, cap. 57, and, in consequence of the decree of declarator he had obtained against them. The freeholders sustained the objection; but it being the opinion of the Court, that a superior, by lying out unentered, and by the vassal's obtaining a charter supplendo vices, did not lose his character of superior, or his right to the feu duties or other casualties, but only to the nonentry duties during his life, they found that the freeholders had done wrong, and ordered the claimants to be added to the roll. See Appendix.
