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Scottish Court of Session Decisions >>
Laing v Scrymgeour. [1582] Mor 15026 (00 March 1582)
URL: http://www.bailii.org/scot/cases/ScotCS/1582/Mor3415026-030.html Cite as:
[1582] Mor 15026
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VIII.
A Superior may compel his Vassal to enter, but not entitled to Infeft him without his consent.
Laing v. Scrymgeour
1582.
March. Case No. No. 30.
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Mr. John Laing, being provided to the pensionary of Brechin, pursued one Scrymgeour, as nearest and apparent heir to another called Scrymgeour, to enter to certain lands, alleging the same to appertain to him in feu-farm holden of the said pensioner, and that to the effect the said pensioner might be certified of him who was to be his vassal, and who should pay to him the mails and duties of the lands holden of him. To which it was answered by the defender, that the pursuer could have no direct action to pursue him to enter against his will, but if the vassal lay forth and entered not, he had other ordinary remedy, the non-entry of the lands, or the reduction of the titles, for not payment, et ubi quis habet ordinarium remedium non opus est extraordinario; and so the lying forth of the vassal could not prejudge the superior in any sort, but would rather be locupletior thereby. The Lords nevertheless found, by interlocutor, that the superior had good action to pursue the vassal to enter, and that conform to a practick past of before, betwixt the Earl of Eglinton and the Laird of Caldwall, (supra.)
