Where trustees became infeft in certain heritable property in terms of a trust-disposition and settlement in their favour under which they were to entail the property upon the truster’s heirs, Held ( affirming the Court of Session) that under the Conveyancing (Scotland) Act 1874 the superior was entitled to the composition payable by a singular successor, and that the heir of the last entered vassal could not now be tendered for an entry.
The 4th sub-section of section 2 of the Conveyancing (Scotland) Act 1874 provides that the implied entry with the superior which is provided for by that Act in all cases where a party becomes infeft, ‘shall not en title any superior to demand any casualty sooner than he could by the law prior to this new Act or by the conditions of the feuright have required the vassal to enter or to pay such casualty irrespective of his entering.’
Judges:
Lord Chancellor (Cairns), Lord O’Hagan, and Lord Blackburn
Citations:
[1880] UKHL 416, 17 SLR 416
Links:
Jurisdiction:
Scotland
Land
Updated: 11 June 2022; Ref: scu.635629