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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Maxwell v M'Millan. [1741] Mor 15015 (9 June 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3415015-013.html
Cite as: [1741] Mor 15015

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[1741] Mor 15015      

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. IV.

Can a Superior interpose another betwixt himself and the Vassal, or divide Superiorities?

Sir John Maxwell
v.
M'Millan

Date: 9 June 1741
Case No. No. 13.

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The Lords found, That a superior cannot divide the superiority, or convey it to different persons, without the vassal's consent; for he has no power to deteriorate the condition of his vassal, by putting him to the expense of double entries, or by increasing the number of the persons to whom the feudal services are due.

Fol. Dic. v. 4. p. 312. C. Home. Kilkerran.

*** This case is No. 190. p. 8817. voce Member of Parliament.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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