Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

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Title: Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.
Author: Nisbet, John, Sir, 1609?-1687.
Publication: Edinburgh :: Printed by George Mosman ...,; 1698.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law -- Scotland.; Law reports, digests, etc. -- Scotland.
Cite this Item: "Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52358.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2024.

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Trustees in Infeftments.

A Right being granted to one, his Heirs and Assigneys, for the use and behoof of another person and his Heirs, Quaeritur, whether the ca∣sualities of Ward, Marriage &c. do fall by the decease, and with respect to the person infeft, or to the person to whose behoof the Right is granted?

May the person, to whose use the same is granted, compell the Vassal to denude in his favours, without the Superiors consent?

Though the Superior may pretend, that when the Right is to the be∣hoof of an Incorporation, that he has prejudice: yet if it be to the behoof of a single person, can he refuse to enter him, if the Vassal be content to denude in his favours? Ratio Dubitandi. Though Ʋsuarius has an In∣terest, yet he is not Vassal; and the Superior cannot be urged to receive a new Vassal: And on the other part, the Right being in Trust and pre∣carious, to the behoof of the other; ex natura inest, that he may revock and urge the Vassal to denude, and a Regress is implyed, the Superior having granted the Right of the nature foresaid.