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Scottish Court of Session Decisions >>
Duke of Queensberry v Gordon of Spadoch. [1687] Mor 6497 (00 January 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor1606497-064.html Cite as:
[1687] Mor 6497
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. IX.
Effect of a Charter of Confirmation.
Duke of Queensberry v. Gordon of Spadoch
1687.
January. Case No. No 64.
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In a pursuit for ward-duties at the instance of the superior;
Alleged for one who had an infeftment out of the lands, That the superior had consented to the heritable bond, upon which the infeftment proceeded, which imports a confirmation.
Answered; The consent saves only from recognition, and is at most but a confirmation de me, not a me, to denude the disponer, and to make the annualrenter the superior's vassal, seeing the bond contains not an obligement for double infeftments.
The Lords sustained the answer.
Fol. Dic. v. 1. p. 435 Harcarse, (Wards & Marriages.) No 1010. p. 285.
