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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Macdougall v. Lord Breadalbane [1881] UKHL 748 (17 May 1881) URL: http://www.bailii.org/uk/cases/UKHL/1881/18SLR0748.html Cite as: [1881] UKHL 748, 18 ScotLR 748 |
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Page: 748↓
(Before
( Ante, p. 40, 8 R. 42.)
Subject_Superior and Vassal — Non-Entry — Superior's Title.
Held ( aff. judgment of the Court of Session, and following Innes v. Gordon, Nov. 20, 1844, 7 D. 141) that in an action by a superior for payment of a casualty against the singular successor of a vassal who has recognised the superior's predecessors by taking entry from them, it lies upon the defender to establish that the superiority lies with some other than the pursuer if he denies the title of superiority.
This case was reported in the Court of Session of date Nov. 4, 1880 ( ante, p. 40, 8 R. 42). The defender appealed to the House of Lords, and their Lordships without calling on the respondent's counsel dismissed the appeal.
Counsel for Appellant and Defender— Davey, Q.C.— Grosvenor Woods. Agents— William Robertson— H. & H. Tod, W.S.
Counsel for Respondent and Pursuer— Balfour, S.-G.— Young. Agents— R. S. Taylor, Son, & Humbert— Davidson & Syme, W. S.