Scottish Court of Session Decisions

Subject_1 HERITABLE and MOVEABLE.
Subject_2 SECT. IV.

Casualties of Superiority.

Faa
v.
Lord Balmerino

Date: 11 July 1673
Case No. No 28.

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The profits of all casualties of superiority which require declarator, are carried and implied in the superiority, and therefore belong only to the superior's heir or singular successor, until separated by gift to a donator, or liquidated by a decree of declarator, because it is facultatis of the superior to lay hold of these casualties or not at his pleasure; and as almost all of them arise from feudal delicts, many superiors do not chuse to take these rigorous advantages. Such a privilege, therefore, which is meræ facultatis before exercising the same by a gift or declarator, and which presupposes no right established in the superior's person, cannot descend to executors.

Fol. Dic. v. 1. p. 367. Stair. Gosford.

*** See this case, No 20. p. 5449.