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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Powrie v Margaret Smith, &c. [1687] Mor 9296 (00 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2209296-015.html
Cite as: [1687] Mor 9296

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[1687] Mor 9296      

Subject_1 NON-ENTRY.
Subject_2 SECT. I.

Non-entry duties how ascertained. - In what holdings does Non-entry take place. Takes place until actual infeftment. But not if the superior be in mora.

Laird of Powrie
v.
Margaret Smith, &c

1687. July.
Case No. No 15.

Click here to view a pdf copy of this documet : PDF Copy

In a declarator of non-entry against a compriser, it was alleged for the defender, That he had charged the pursuer to enter him, and he suspended; and the land must be reputed full since the charge.

Answered; The defender ought to have offered a charter, with the bygone feu-duties, and a year's rent as a composition.

The Lords found the answer relevant.

Fol. Dic. v. 2. p. 5. Harcarse, (Non-entry.) No 736. p. 209.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2209296-015.html