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Scottish Court of Session Decisions >>
William Cowan, Bailie of Stirling, v The Master of Elphinston. [1636] Mor 15055 (29 March 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor3415055-062.html
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XII.
What Sum payable in Name of Entry-Money?
William Cowan, Bailie of Stirling, v. The Master of Elphinston
Date: 29 March 1636 Case No. No. 62.
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William Cowan charged the Master of Elphinston to infeft him in the superiority of certain lands. The Master having required of him a year's duty, conform, to the act of Parliament, as the lands paid, the Lords found the charger could pay no more to the superior but a year's duty of that which he was to get himself when he was entered; which was only so much feu-duty paid to him by his sub-vassals, and not a year's duty of the lands which pertained not to him but to his sub-vassals.
Fol. Dic. v. 2. p. 409. Spottiswood, p. 56.
*** Durie's report of this case is No. 21. p. 202. voce Adjudication.
A similar case is reported by Durie, 15th February, 1634, Monkton against Yester, No. 20. p. 15020.
