Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Speed v John Speed. [1681] 2 Brn 10 (00 December 1681) URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn020010-0022.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Robert Speed
v.
John Speed
1681 .December .Click here to view a pdf copy of this documet : PDF Copy
A person being infeft by cognition, and hasp and staple, in a tenement of land in Brechin, and his sasine not registrat,—as if the tenement had been burgage, whereas it truly held feu of the bishop, and was only granted to the town during the suppression of prelacy,—he disponed the tenement; the disponer's son served heir to his grandfather, and raised reduction of his father's infeftment, as null, for not being expede habili modo by charter and sasine, upon retour or precept of clare constat, as other feus are acquired, nor yet registrat. The Lords found the father's infeftment null.
Index. Infeftment without registration, taken in feu-lands by cognition and hasp and staple, ex errore, as if they had been burgage, and not by charter and sasine, upon retour and precept of clare, found null.
Page 164, No. 591.
The electronic version of the text was provided by the Scottish Council of Law Reporting