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Held that as B had failed to show that the lands in question were not part of the lands of H as above described, or that they were other lands of H held by him of another superior, he was liable in payment of the casualty sued for.
Earl of Breadalbane v. Macdougall , November 4, 1880, 8 R. 42 , 18 S.L.R. 40 , followed .
On 6th December 1907 the Earl of Loudon brought an action against Alexander Morton, Gowanbank, Darvel, for declarator that in consequence of the death of Miss Martha Brown of Langfine and Water-haughs, in the parish of Galston and county of Ayr, the vassal last vest and seised in the subjects therein mentioned, a casualty, being one year's rent of the said subjects, became due to him as superior thereof. A pecuniary conclusion followed.
The defender pleaded, inter alia ,—“(4) The pursuer not being the superior of the lands described in the summons, the defender should be assoilzied.
On 7th July 1908 the Lord Ordinary ( Mackenzie ) held that, on an examination of the titles, the subjects described in the summons now possessed by the defender were within the lands over which the pursuer had by prescription the right of superiority, and granted decree as craved.
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