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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Trustees of Graham's Creditors v Hyslop. [1753] Mor 6921 (3 August 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor1706921-037.html
Cite as: [1753] Mor 6921

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[1753] Mor 6921      

Subject_1 INFEFTMENT.
Subject_2 SECT. VI.

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.

Trustees of Graham's Creditors
v.
Hyslop

Date: 3 August 1753
Case No. No 37.

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The Lords were all of opinion, that a precept to give infeftment in lands described in general to belong to the granter of the precept, is a sufficient warrant to give infeftment in every particular tenement, which by production of the granter's infeftment is vouched to come under the general description.

Sel. Dec.

*** This case is No 11. p. 49, voce Adjudication.

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/1753/Mor1706921-037.html