Scottish Court of Session Decisions

Subject_1 TITLE TO PURSUE.

Duke of Gordon
v.
M'Pherson of Clunie

Date: 27 January 1714
Case No. No. 53.

The Lords found adjudication without infeftment of a bankrupt estate, for bygone feu-duties resting to the superior, a sufficient title in a process of sale at his instance.

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The Lords sustained an adjudication of Clunie's estate, without infeftment, obtained by the Duke of Gordon, superior thereof, for bygone feu-duties resting to his Grace, as a sufficient title to pursue a sale of the bankrupt debtor's estate, albeit the act 17. Parliament 3. Cha. II. requires the pursuer of such a sale to be a creditor having a real right, in respect the vassal's infeftment is the superior's infeftment as to feu-duties.

Forbes MS. p. 18.