Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010263-0653.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith and Hilstoun v Walter Hay. [1628] 1 Brn 263 (16 July 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010263-0653.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Smith and Hilstoun
v.
Walter Hay
16 July 1628 Click here to view a pdf copy of this documet : PDF Copy
Two or more comprise one land, and all the comprisers charge the superior to infeft them. The superior suspends, 1 mo. That he cannot enter but one to be his vassal. The Lords found that he should enter them all, and let them dispute among themselves who has best right. 2do. The superior claims, conform to the Act of Parliament, one year's duty from ilk one of them that charge to be infeft. The Lords found that the superior should have but one year's duty, to be
paid by one of the comprisers; and, if that man's comprising be found null and reduced, the other compriser that prevails shall refund to the other the year's duty paid out by him. Page 34.
The electronic version of the text was provided by the Scottish Council of Law Reporting