Scottish Court of Session Decisions

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. VI.

Whether a Superior is bound to grant a Precept of Clare, or infeft Vassals by Hasp and Staple?

A Burgess of Stirling, Supplicant

Date: 15 July 1668
Case No. No. 22.

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There being a bill given in by a Burgess of Stirling, who was served general heir to his father, for infefting him in a tenement of land, wherein his father died infeft, and seised by hasp and staple; this bill was refused; for the Lords found no warrant for granting such letters that way, and infeftment being a custom and privilege within burgh, and answerable to an infeftment by a precept of clare constat, which no superior could be forced to grant, and there being [an ordinary remedy by a special service, and thereupon to charge the Bailie to infeft.

Fol. Dic. v. 2. p. 407. Gosford MS. p. 12.