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Mitchell v Adam. [1767] Mor 14335 (16 July 1767)
URL: http://www.bailii.org/scot/cases/ScotCS/1767/Mor3314335-031.html Cite as:
[1767] Mor 14335
Infeftment on a Personal Right. - Sasine on a Precept of clare constat. - Infeftment in a Right of Annual-rent, taken on a Precept in a disposition of the Property.
Mitchell v. Adam
Date: 16 July 1767 Case No. No. 31.
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An infeftment, in a right of annual-rent granted by a person not infeft, proceeding upon the precept contained in a disposition of the property in favour of the granter of the annual-rent, was found inept.
It was pleaded: That precepts may be assigned in whole or in part, and that majori inest minus. But the answer was plain. Though there was a warrant for infeftment in the property, and which might have been executed as to a part of the subject, there was no warrant for an infeftment in a right of annual-rent.
Act. John Douglas.Alt. James Grant.
Fol. Dic. v. 4. p. 264. Fac. Coll. No. 56. p. 291.
