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Sinclair v Sinclair. [1733] Mor 2848 (20 November 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0702848-078.html Cite as:
[1733] Mor 2848
Betwixt Singular Successors, where the Common Author is not Infeft.
Sinclair v. Sinclair
Date: 20 November 1733 Case No. No 78.
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A naked disposition of lands was found to denude the granter funditus, who had no more himself than a disposition with procuratory and precept, so that nothing remained with him thereafter to be carried by a legal or voluntary conveyance; upon which footing the disponee was preferred to a posterior appriser, whose apprising was led against the common author, though the appriser had gone on to complete his right by obtaining infeftment upon the procuratory contained in his debtor's disposition. See Appendix.
