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Earl of Eglinton v Laird of Caldwall. [1581] Mor 15026 (00 January 1581)
URL: http://www.bailii.org/scot/cases/ScotCS/1581/Mor3415026-029.html Cite as:
[1581] Mor 15026
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VIII.
A Superior may compel his Vassal to enter, but not entitled to Infeft him without his consent.
Earl of Eglinton v. Laird of Caldwall
1581.
January. Case No. No. 29.
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The Earl of Eglinton pursued the Laird of Caldwall, who had a piece of ground holden in ward and relief of the said Earl, whereof also the ward was disponed to the said Laird by the said Earl to enter to the said land, the ward being run forth, to the effect the said Earl may be served of a tenant into the said lands, and receive all other duties and services belonging to the same. It was answered to the summons for the part of Caldwall, that in nowise he could be compelled to enter to him tenant of the said lands, because the said Earl had disponed the same ward to him; nor yet pay any mails or duties of the same, because the same, by reason of the disposition, appertained to him. To this was answered, that the disposition of the ward was but unto such time as the heir was of perfect age to enter, and now the heir being of perfect age to enter, he could not lie furth to the prejudice of the over-lord and superior. The which allegeance was found relevant by the Lords, and pronounced him to eater, and found that the vassal might be compelled to enter, as the superior might be compelled to receive the tenant or vassal.
