Lectures On Scots Law : Delivered Under the Auspices of the Stirlingshire Faculty of Solicitors And Procurators, in February, March And April, 1889

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This question arose in two cases within the last six years, and was decided against the interest of the sub-feuar by a majority of the whole Court, and by a unanimous judgment of the House of Lords. ^ It occasioned much interesting and learned speculation regarding early feudal usages and the origin of the feu-farm holding ; and the leading judgments on both sides of what was a pretty sharp conflict of juridical opinion, are most instructive on the whole question of the relationship of superior... and vassal. The view which affirmed the subsistence of the subaltern right followed the analogy of forfeiture for treason, and proceeded mainly on the ground that the course of legis- lation, commencing in 1457 and ending at the Eevolution, had conclusively determined that such forfeiture did not prejudice the rights of sub-vassals holding in feu-farm for a just and competent avail. It is exhibited in a marvellously lucid and graceful form in the judgments of the Lord Justice-Clerk (Mon- creift") in Sandeman v.

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