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Scottish Court of Session Decisions >>
Carnegy v Cranburn. [1663] Mor 15032 (5 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3415032-038.html Cite as:
[1663] Mor 15032
What Sort of Singular Successors entitled to be received by the Superior? - Whether the Seller or Purchaser bound to enter?
Carnegy v. Cranburn
Date: 5 February 1663 Case No. No. 38.
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There being an original grant of ward-lands from the King, bearing, hæredibus et assignatis quibuscunque, this clause was found only to entitle the vassal to assign his right before infeftment; but, after infeftment, the vassal disponing his lands, it was found, that it did not save him from recognition.
Fol. Dic. v. 2. p. 408. Stair.
*** This case is No. 58. p. 10375. voce Personal and Transmissible.
A similar decision was pronounced, 29th January, 1673, Ogilvie against Kinloch, No. 65. p. 10384. Ibidem.
