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Scottish Court of Session Decisions >>
Campbell v The Lady Kilchattan. [1663] Mor 3008 (16 January 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0703008-004.html Cite as:
[1663] Mor 3008
No real right is established by an infeftment a me, until it be confirmed.
Campbell v. The Lady Kilchattan
Date: 16 January 1663 Case No. No 4.
In favorem of a relict's infeftment upon her contract of marriage, for her liferent-right, a base infeftment to be holden of the superior not confirmed, is sufficient against a singular successor publicly infeft.
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In the process, (No 35. p. 1302.) pursued by Major Campbell, compeared Hugh Hamilton, bailie of Edinburgh, and alleged, That he ought to be preferred, because he comprised against Kilchattan; and upon his comprising is infeft, holding of the King as superior, before the Major's confirmation. It was answered, That Kilchattan being only infeft by a base infeftment, to be holden of the superior, and not confirmed, the comprising could, comprise no more but the personal right standing in Kilchattan's person, the infeftment being in-valid till confirmation; and the infeftment upon the comprising signifies nothing till Kilchattan's infeftment be confirmed; and therefore the Major's infeftment of annualnualrent being anterior to the comprising, the subsequent confirmation makes the infeftment preferable.
The Lords repelled, the allegeance. In præsentia. See No 11. p. 3016.
