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Dalmahoy v Bothwell. [1614] Mor 15040 (3 February 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor3415040-046.html Cite as:
[1614] Mor 15040
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XI.
Composition due by Singular Successors.
Dalmahoy v. Bothwell
Date: 3 February 1614 Case No. No. 46.
A superior is not obliged to infeft a compriser until he is paid a year's duty of the lands.
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In an action of suspension pursued by Dalmahoy against Adam Bothwell, who had comprised some lands holden of Dalmahoy, the Lords found, that Dalmahoy was not obliged to give him infeftment, except he were paid the hail year's duty of the lands the year of the comprising, conform to the act of Parliament made by King James III. anno 1469. Cap. 36.
The contrary before, betwixt the Lord Dundas and Ninian Macmorren.
