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Scottish Court of Session Decisions >>
Sir William Bruce of Lochleven v Gib of Pow, and Other Wadsetters of Lochleven. [1680] Mor 10415 (30 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2510415-092.html Cite as:
[1680] Mor 10415
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. IV.
Where voluntary Assignees are excluded by Law or Paction, whether the Right may be affected by Legal Diligence.
Sir William Bruce of Lochleven v. Gib of Pow, and Other Wadsetters of Lochleven
Date: 30 July 1680 Case No. No 92.
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Sir William pursuing them to count and reckon on their reversions; alleged, They are only granted to the Earl of Morton and his heirs, and not to his assignees. The Lords sustained this to seclude Sir William, as long as he insisted on his voluntary disposition; but found this would not defend against him when he produced a right from the comprisers, unless the reversions were so personal as to seclude both assignees and comprisers.
