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Scottish Court of Session Decisions >>
Blair of Balgray v William Gray. [1610] Mor 6301 (28 June 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1506301-002.html Cite as:
[1610] Mor 6301
The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.
Blair of Balgray v. William Gray
Date: 28 June 1610 Case No. No 2.
Assignation to a contract, on which inhibition followed, found to give the assignee title to reduce ex capite inhibitionis, tho' the inhibition was not expressly assigned. See No 71.
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Blair of Balgray contracting with Parbroth anent the alienation to Balgray of a room of Parbroth's; thereafter Parbroth analzies the same room to William Gray of Bandiran. Balgray charged Parbroth upon his contract. Parbroth suspends, and finds William Gray caution in the suspension. Balgray obtains protestation upon the suspension, and raises inhibition upon the act of caution. Thereafter William Gray analzies that land to Gray of Balegarno; which alienation Blair, brother to Balgray, assignee constituted by Balgray to the contract past between Balgray and Parbroth, seeks to reduce upon the inhibition served
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by Balgray against William Gray.—It was alleged, That his assignation to Parbroth's contract could give him no interest to reduce William Gray's alienation to Balegarno, he not being made assignee to the inhibition.—It was answered, That the assignation made to the contract betwixt Balgray and Parbroth, with all action competent to Balgray thereupon was sufficient, albeit it expressed not the inhibition; which the Lords found sufficient.
