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Scottish Court of Session Decisions >>
Cauhame v Adamson. [1664] Mor 10233 (25 June 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2410233-056.html Cite as:
[1664] Mor 10233
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Thomas Cauhame having apprised a tenement in Dunbar, from Joseph Johnston, pursues James Adamson to remove therefrom; who alleged absolvitor, because this appriser could be in no better case than Johnston, from whom he apprised, whose right is affected with this provision, that he should pay L. 600 to any person his author pleased to nominate; Ita est, he hath assigned the right to the defender, so that it is a real burden affecting the land, even against this singular successor, and included in his author's infeftment. The pursuer answered, That albeit it be in the infeftment, yet it is no part of the infeftment or real right, but expressly an obligement to pay without any clause irritant, or without declaring that the disponer's infeftment should stand valid, as to the right of that sum:
The which the Lords found relevant, and repelled the defence, but superceded execution, until some time that the defender might use any means he could for making this sum to affect the land.
