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Macdougall v Earl of Breadalbane

Rettie, Crawford & Melville, Court of Session Cases (4th Series) Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date17 May 1881
Docket NumberNo. 9.
Date17 May 1881
CourtHouse of Lords
House of Lords

Ld. Chancellor (Selborne), Lord Blackburn, Lord Watson.

No. 9.
Macdougall
and
Earl of Breadalbane.

Superior and Vassal—Non-entry—Proof of Superior's title.—

In 1821 A entered with B as his superior in the lands of S. A's predecessors had entered in the same way with B's predecessors in 1740 and 1795. The lands of S were subsequently sold, but no entry was asked by B or his successors from 1821 down to 1879, when B's successor brought an action for payment of casualty against a singular successor of A. The defender maintained that there was no evidence to establish the identity of the lands of S possessed by him with the lands of which the pursuer held the superiority, and that his lands of S really held of another subject superior. Held (aff. judgment of First Division) that as the defender had failed to prove that the superiority of his lands of S belonged to some one other than the representative of the superior with whom the previous entries had been made he was...

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