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Scottish Court of Session Decisions >>
Erskine v Hamilton. [1710] Mor 6319 (19 December 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor1506319-019.html Cite as:
[1710] Mor 6319
Subject_1 IMPLIED ASSIGNATION. Subject_2 SECT. II.
Infeftment of Annualrent granted by one not infeft, what it carries.
Erskine v. Hamilton
Date: 19 December 1710 Case No. No 19.
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An infeftment of annualrent containing procuratory of resignation, and assignation to the mails and duties, granted by a debtor who had no more in his person but a disposition to an apprising of the lands, was found to be an implied conveyance of that disposition, so as to exclude a posterior formal conveyance of the same disposition.
