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Scottish Court of Session Decisions >>
Wallace v Ferguson. [1739] Mor 4195 (29 June 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1004195-009.html Cite as:
[1739] Mor 4195
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The vassal, by accepting of a feu-charter, containing the clause reddendo inde annuatim, becomes thereby liable personally for the feu-duties, whether the charter is granted to him originally, or if he is a purchaser from the original vassal; and therefore, a feu-vassal was found personally liable for the feu-duties, even after he had sold his land, and the purchaser in possession, by a minute of sale, but without getting a charter from the superior. See Appendix.
Fol. Dic. v. 1. p. 297.*** Kilkerran reports the same case:
Found, That a vassal is by the feu-contract personally liable to the superior for the feu-duties, and that he remains so, even after he has sold the lands, until the new purchaser shall be received by the superior.
Nor was there occasion to give judgment on an argument pleaded for the vassal, viz. That a vassal may, by our law, liberate himself by abandoning his right; for suppose the law stood so, where the vassal possesses per alium, it is the same to the superior as if he possessed himself.
Kilkerran, (Feu-duty.) No 2. p. 189.
*** In what manner feu-duties are affected by public burdens; see Cruik-shanks against Morison, 15th Janury 1678, Stair, v. 2. p. 591., voce Public Burden.
