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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> 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

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[1663] Mor 15032      

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. X.

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.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3415032-038.html