Scottish Court of Session Decisions

Subject_1 IMPLIED OBLIGATION.

Simpson
v.
Boswell

Date: 9 February 1628
Case No. No 5.

A party bound to renounce an infeftment held under reversion, is obliged also, upon consignation, to resign in the hands of the superior. See No 9. p. 6543.

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In a suspension betwixt Boswell and Simpson, suspending charges given by Boswell to him for renouncing and resigning of lands, wherein Simpson was infeft by the L. Balgony, under reversion, the right whereof was disponed to, or comprised by Boswel; and who having, after consignation of the sum, charged Simpson, not only to renounce, but to resign also the lands in the superior's hands, in favour of him who had redeemed; and which Simpson alleged he was not holden to do, and that he was not in law obliged to resign in his favour; but only obliged to renounce, and to grant the lands lawfully redeemed.——— The Lords found, That he ought also to resign all his right in this redeemer's favour, to the effect that he might be infeft upon his right of resignation made by him in the superior's hands, in his favours, besides the renunciation.

Act. Aiton. Alt. ——. Clerk, Gibson. Fol. Dic. v. 1. p. 440. Durie, p. 343.