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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr George Buchan v Sir William Cockburn. [1739] 2 Elchies 124 (11 December 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies020124-002.html Cite as: [1739] 2 Elchies 124 |
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[1739] 2 Elchies 124
Subject_1 CLAUSE.
Date: Mr George Buchan
v.
Sir William Cockburn
11 December 1739
Case No.No. 2.
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A disposition a non domino with consent of the verus dominus, that consent imports not barely a non repugnantia, but also a conveyance of the property; whereas such a consent by a creditor though infeft, or even a wadsetter, imports no more than a bare non repugnantia, and not a conveyance of his debts or of his securities for them. Therefore, though the Lords first found that Sir William Cockburn having consented in a disposition by Langton Cockburn of a part of his estate to Mr Buchan, must make over his rights upon the estate so far as necessary for security of Mr Buchan's purchase; yet, upon reviewing the case, they altered the interlocutor, and found that consent imported no more than a non repugnantia. (See Dict. No. 85. p. 6528.)
The electronic version of the text was provided by the Scottish Council of Law Reporting