BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Pittarro v Glenbervie. [1673] 1 Brn 691 (22 July 1673) URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn010691-1653.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Laird of Pittarro
v.
Glenbervie
22 July 1673 Click here to view a pdf copy of this documet : PDF Copy
Pittarro having charged Glenbervie to infeft him in the teinds of the lands of Drumlethie, he did Suspend, upon this reason:—That the said teinds were a part of the parsonage, and so his office to infeft was imprestable. But the same was only inserted by the notary ex stilo; whereas, in the disposition of the lands and teinds, he did assign him to four or five nineteen years' tacks, [and] to a bond of the Lord Arbuthnot's, to obtain the same renewed after expiring.
It was answered, That the disposition for lands and teinds, being of the like price for both, as to the chalder of victual, and the obligement to infeft being clear and positive for both, without distinction, and the assignation to the tacks to run being only in farther corroboration, the same was not equivalent to an
heritable right, and could not satisfy the obligement to infeft, he ought to be liable for damnum et interesse, quod succedit loco facti imprestabilis. The Lords did find the letters orderly proceeded against Glenbervie, for damage and interest; which they did value to be the fifth part of the stock and teind disponed, which Glenbervie should satisfy according to the price of the lands disponed.
Page 364.
The electronic version of the text was provided by the Scottish Council of Law Reporting
