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Scottish Court of Session Decisions >>
Cockburn v Trotters. [1639] Mor 10199 (30 January 1639)
URL: http://www.bailii.org/scot/cases/ScotCS/1639/Mor2410199-032.html Cite as:
[1639] Mor 10199
Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.
Cockburn v. Trotters
Date: 30 January 1639 Case No. No 32.
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A mill being feued, and the author having given a bond apart at the constitution of the feu, binding him to lead the mills-stones when required, on pain of losing a year's feu-duty; and the singular successor being required, and failing; the Lords assoilzied him, because this was a bond extra corpus juris, and so could not bind a singular successor in the right of the feu.
