This case was about the feudal requirement for possessors of land to enter with the superior as a prerequisite to obtaining title. The dispute arose after John Aitcheson of Rochsolloch purchased the estate of Airdrie. A former proprietor of that estate had feued out many small parcels, which became the site of a village. Many of the feus passed to singular successors, meaning that the property rights were transferred by separate title (e.g., through a sale or gift) rather than descending to an heir as part of the ancestor’s whole estate. These singular successors disagreed with Aitcheson about the fee he was entitled to demand for entry and whether that fee was due for houses as well as land.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 15060
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 612
Mungo Brown, Supplement to the Dictionary of the Decisions of the Court of Session (1826), pg. 5:613

Locations

Repository & Extent