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Scottish Court of Session Decisions >>
Sinclair v Sinclair. [1685] Mor 10212 (00 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2410212-044.html Cite as:
[1685] Mor 10212
Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.
Sinclair v. Sinclair
1685.
January. Case No. No 44.
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An appriser having restricted his apprising to certain lands, and the restriction being objected to a singular successor infeft upon the apprising; found, That if infeftment had followed upon the apprising before restriction, the restriction was but personal; but if it preceded infeftment, it did affect and regulate the apprising against the singular successor, because, till infeftment, the apprising was transmissible by assignation.
Fol. Dic. v. 2. p. 64. Harcarse.
*** This case is No 62. p. 5324. voce Heir Apparent.
