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Scottish Court of Session Decisions >>
Patrick Syme v The Lord Torphichen, Charles Oliphant and Others. [1684] Mor 13557 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3213557-038.html
Patrick Syme v. The Lord Torphichen, Charles Oliphant and Others
1684.
March. Case No. No 38.
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Found that a discharge of the reversion of a wadset, and of the legal of an apprising, though not registered within sixty days, could not be quarrelled by posterior singular successors without onerous causes, seeing the discharge containing an obligement of warrandice, would reduce the said voluntary rights upon the act of Parliament 1621. And it may be contended, That legal real diligences by apprising, &c. following upon posterior gratuitous bonds, might quarrel the want of registration, unless there had been inhibition raised upon the warrandice before granting of the said bonds.
