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Scottish Court of Session Decisions >>
Naesmith v Story. [1740] Mor 15057 (17 December 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3415057-066.html Cite as:
[1740] Mor 15057
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XII.
What Sum payable in Name of Entry-Money?
Naesmith v. Story
Date: 17 December 1740 Case No. No. 66.
Effect of a clause in a feu-charter discharging the superior's casualties.
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Where, by a clause in a feu-charter, the superior had obliged himself, “When any casualities should fall by reason of non-entries, life-rent escheat, or any other way, to renounce and dispone, et per verba de præsenti, renounced and disponed the same, and all profits thereof, in favour of the vassal, his heirs and successors,” it was though, though there was no occasion to give judgment on it, that still action of declarator of non-entry was competent to the superior; for, otherwise, he could have no compulsitor upon the vassal to take a charter; and that if, in such process, the vassal should obstinately lie out, the non-entry would be incurred; but if the vassal was willing to take a charter, the superior would be obliged to discharge by-gones.
As to the effect of such clause against a singular successor in the superiority, vide No. 87. p. 10276, voce Personal and Real.
