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URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2410212-044.html
Cite as: [1685] Mor 10212

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[1685] Mor 10212      
Subject_1 PERSONAL and REAL.
Subject_2 SECT. IV.

Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.

Sinclair
 v.
Sinclair

1685. January.
Case No. No 44.

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An appriser having restricted his apprising to certain lands, and the restriction being objected to a singular successor infeft upon the apprising; found, That if infeftment had followed upon the apprising before restriction, the restriction was but personal; but if it preceded infeftment, it did affect and regulate the apprising against the singular successor, because, till infeftment, the apprising was transmissible by assignation.

 Fol. Dic. v. 2. p. 64. Harcarse.

*** This case is No 62. p. 5324. voce Heir Apparent.

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/1685/Mor2410212-044.html