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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Marshall v Gordon of Fechill. [1688] Mor 15076 (00 February 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor3415076-087.html Cite as: [1688] Mor 15076 |
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[1688] Mor 15076
Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XVI. Disclamation.
Earl of Marshall
v.
Gordon of Fechill
1688 .February .
Case No.No. 87.
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In a declarator of non-entry, at the instance of the Earl of Marshall against Gordon of Fechill,
It was alleged for the defender: That he was only mediate vassal to the pursuer, and immediate vassal to my Lord Forbes, who was not called.
Answered: If the defender controvert the pursuer's right of superiority, he must disclaim.
The Lords found the defender obliged either to acknowlege the pursuer for his immediate superior, or to disclaim upon his hazard.
Fol. Dic. v. 2. p. 411. Harcarse, No. 737. p. 209.
The electronic version of the text was provided by the Scottish Council of Law Reporting