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Scottish Court of Session Decisions >>
Wishart v Children of Mr. Wm. Arthur and Leyes. [1670] 2 Brn 493 (14 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020493-0824.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Wishart v. Children of Mr Wm. Arthur and Leyes.
Date: 14 July 1670
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In this cause it was debated, (it being a declarator of the extinction of an apprissing by intromission, at the instance of one who had a disposition of the lands apprised,) 1mo, that a naked disposition, whereupon no infeftment had followed, could never give the pursuer an interest to annul the apprising in the manner libelled, unless he had been per expressum assigned to the legal reversion, and that assignation had been registrate conform to the act of Parliament in anno 1617. 2do, That a naked disposition without infeftment, could give a party no right to call for the mails and duties of lands. 3tio, That a disposition, until seasine follow thereon, which is made public by its registration, is no way a public right against a compriser, or any other third party.
