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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gordon v Robert Learmonth. [1684] 2 Brn 57 (00 February 1684) URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020057-0153.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
William Gordon
v.
Robert Learmonth
1684 .February .Click here to view a pdf copy of this documet : PDF Copy
One Downie, infeft upon an apprising of the lands of Balcomy, having disponed his right to Gordon of Lesmore, who was also infeft, and transferred the same to Mr William Hieson, who pursued exhibition of the apprising, and grounds and warrants thereof, against Balcome's apparent heir;—Alleged for the defender, That the apprising being in the hands of the debtor, or his apparent heir, it was instrumentum apud debitorem, &c. Answered, Though the brocard holds in personal rights, transmissible by assignation, which may be destroyed upon re-delivery, real rights are not extinguishable but by renunciations or conveyances. The Lords found the answer relevant.
Page 112, No. 419.
The electronic version of the text was provided by the Scottish Council of Law Reporting