Bottatio Fondalii; is the power which a superior formerly exercised of paying off a debt due to an adjudging creditor, and taking a conveyance to the adjudication. Where the amount of the debt exceeded the value of the estate, the superior was bound to pay only to the extent of the value. No such power is now exercised by superiors.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Non-Entry.” Public domain.
Legal Subject: Non-Entry |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Dumfries v. Campbell | 1795 | Heritor, Tailzie, Adjudication, Interlocutor, Non-Entry, Rent | Dumfries, as heir to his mother and petitioner, sought to alter an interlocutor of December 1792 that had permitted the transference of an action of non-entry against him. Campbell responded that a declarator of nonentry commenced against the mother could be transferred in statu quo against her son and heir without requiring that he first take a passive title. |
| John Aitchison v. Thomas Hopkirk and Others | 1774 | Rent, Feu, Non-Entry, Feu duties, Creditor, Teind | 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. |
Documents discussing this subject (9)
- App. to Pet. R. Hill: against Lord Alloway's Interlocutor
- Dumfries v. Campbell — Petition, 15 May 1795
- Francis and James Gordon v. Robert Grant and others — Appendix
- John Aitchefon v. Thomas Hopkirk and others — Minute, 11 Feb 1775
- John Fleming v. James Brown — Defences, 2 Feb 1816 [2]
- John Fleming v. James Brown — Summons, 16 Dec 1815 [2]
- LC Volume 07 — LC V7 c1829 Specification [2]
- Thomas Brisbane v. Lord Sempill — Memorial, 8 Feb 1794
- Thomas Hopkirk v. John Aitcheson — Answers, 25 Oct 1774
