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Scottish Court of Session Decisions >>
Ord v Keith. [1611] Mor 8353 (18 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor2008353-034.html Cite as:
[1611] Mor 8353
Debt contracted after Denunciation. - Alienation after Denunciation.
Ord v. Keith
Date: 18 January 1611 Case No. No 34.
The King's donatar, pursuing for declarator of a rebel's liferent of lands, holden by him of the King, will not be impeded by any base infeftment granted by the rebel, after his being year and day at the horn, although it be granted before obtaining of declarator.
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The King's donatar, pursuing for declarator of a rebel's liferent of lands, holden by him of the King, will not be impeded by any base infeftment granted by the rebel, after his being year and day at the horn, albeit it be granted before obtaining of declarator.
He who is infeft in an annualrent, thereafter taking infeftment of the property of that same land, with provision, that the annualrent shall cease so long as the property is effectual, if, thereafter, the property be evicted from him absolutely, or be made unprofitable and ineffectual to him for a time, he may have recourse to his infeftment of the annualrent, wherein he will not be prejudged by acceptation of the infeftment of the property, in respect of the provision of the contract.
