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[1627] Mor 6302      

Subject_1 IMPLIED ASSIGNATION.
Subject_2 SECT. I.

The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.

Dunbar
v.
Williamson

Date: 23 November 1627
Case No. No 6.

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A person infeft in an annualrent right, having conveyed the same to an assignee who was infeft, the assignee was found to have right to the personal contract betwixt the heritor and first annualrenter, by which the heritor was personally obliged to pay the money, though not expressly conveyed; and therefore a conclusion of personal execution against the heritor was sustained at the assignee's instance, as well as real against the ground.

Fol. Dic. v. 1. p. 422. Durie.

*** See this case, No 9. p. 570.

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/1627/Mor1506302-006.html