MacDougall v Lord Breadalbane: HL 17 May 1881

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.

Judges:

Lord Chancellor Selborne, Lords Blackburn and Watson

Citations:

[1881] UKHL 748, 18 SLR 748

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 28 June 2022; Ref: scu.636795