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Scottish Court of Session Decisions >>
Lord Braco v The Magistrates of Banff. [1740] Mor 6919 (22 February 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor1706919-035.html Cite as:
[1740] Mor 6919
Method of obtaining infeftment where property and superiority coincide in one person. - Method of obtaining it by a singular successor, after resignation is accepted of. - Where the precept does not specially mention the lands. - Method of infefting a Remainder-man. - Where a disposition is adjudged, not containing precept of sasine. - Base infeftment competing with a public right.
Lord Braco v. The Magistrates of Banff
Date: 22 February 1740 Case No. No 35.
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The Lords hesitated how far they could give warrant for a summary charge horning against the Magistrates, to receive a singular successor for their vassal, upon a disposition and resignation in favorem, though such warrant be constantly granted to receive heirs and adjudgers in case of the Magistrates' refusal; and superseded till precedents should be looked for.
Nor was the point after all determined; for, upon the second application, containing such precedents as could be found, the fact appearing to be, that the Magistrates had actually received the resignation, but refused to allow the clerk to make out the instrument, upon a dispute that had arisen, Whether the reddendo should be conceived in terms of the more antient charters, or in terms of a later charter of adjudication? The Lords had no difficulty to find, that where the burgh had accepted of a resignation, there lay a summary remedy to oblige them to grant a charter; and granted warrant for letters of horning against the Magistrates, to receive the petitioner in terms of the antient investitures, which were particularly described in the interlocutor.
Fol. Dic. v. 1. p. 471. Kilkerran, (Superior and Vassal.) No 3. p. 528.
