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L. Covington v Lord Balmerinoch. [1633] Mor 15065 (7 March 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor3415065-075.html Cite as:
[1633] Mor 15065
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XIV.
A Superior bound to enter the Vassal, reserving his own Right.
L Covington v. Lord Balmerinoch
Date: 7 March 1633 Case No. No. 75.
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The Lord Fleming having comprised some lands of the Laird Covington's from him, which were holden by ward-holding of the Lord Balmerinoch, the L. Covington being minor and having charged the Lord Balmerinoch to enter him; who suspending; it was disputed if the superior could be in law compelled to enter the compriser, during the minority of the L. Covington, his vassal; for he alleged, he could not be compelled to do the same to the compriser, no more than he could be compelled to enter the minor's self during his minority, the minor holding ward of him, during which space he could not be urged to change his vassal, and tyne his commodity of the casuality of that holding. And the pursuer alleged, that he ought to enter him the compriser, who was, as he alleged, in another; case than the minor from whom he comprised; seeing he was content that the superior's entering of him should be without prejudice of all his casualities in law due to him,prout de jure; but this question, upon hope of agreement, was superseded to be decided.
Act. Stuart.Alt. Nicolson.Clerk, Gibson.
Durie, p. 679.
