Scottish Court of Session Decisions

Subject_1 RECOGNITION.

Lady Carnegie
v.
Lord Cranburn

1663. January 30 & February.
Case No. No 7.

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A disposition, failing heirs-male of the granter's body, with sasine upon it, was found to infer recognition; because the precept directed to give present state and sasine, and so this could only be understood to have the import of a resolutive condition, in case of the after-existence of heirs-male.

Recognition takes place in taxed ward as well as simple ward.

With regard to an infeftment a me to be holden of the superior, it was objected, That the same could not infer recognition, being null till confirmation. Answered, The vassal here has done quantum in se erat, nor can the implied condition si dominus consenserit be understood suspensive, where possession is directly given by the sasine; and if it be understood a resolutive condition, it does not stop the alienations. The Lords repelled the objection.

Recognition was found incurred by a disposition to the vassals own grandchild, who was not apparent heir at the time, though afterwards, by the death of an elder brother, he became apparent heir.

Fol. Dic. v. 2. p. 313, 314, & 315. Stair. Gilmour.

*** The particulars of these cases are No 58. p. 10375. voce Personal and Transmissible, and No 11. p. 7733. voce Jus Quæsitum Tertio. See also No 20. p. 10339. and No. 1. p. 7909.