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Scottish Court of Session Decisions >>
Lord Forbes v Marquis of Huntly [1600] Mor 8362 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Mor2008362-047.html Cite as:
[1600] Mor 8362
Alienation after Rebellion bars not the Completing Rights, where there is an antecedent obligation.
Lord Forbes v. Marquis of Huntly
Case No. No 47.
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Although the act of Parliament annul all assignations made stante rebellione, yet if lands be disponed before rebellion, the rebel may make assignation of any warrandice competent to him, with consent of the buyer; because the same is accessory to the disposition of the land, which was sold before he was rebel.
Fol. Dic. v. 1. p. 555. MS. Decisions at the end of Pitmedden's copy of Colvil, p. 85.
