Scottish Court of Session Decisions

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XIII

Singular Successors entitled to be entered without paying up the Bygone Duties.

Lord Erskine
v.
Earl Home

Date: 17 July 1630
Case No. No. 71.

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A superior cannot refuse to give infeftment upon a comprising deduced against his feu-vassal, upon pretence of by-gone feu-duties resting owing, because the singular successor is not liable to pay the feu-duties that have become due before the date of his right, and the superior is at no loss, seeing he may poind the ground for the same.

Fol. Dic. v. 2. p. 410. Durie.

*** This case is No. 59. p. 15054.

See Cowan against Elphinston, No. 62. p. 15055.