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Scottish Court of Session Decisions >>
Creditors of Smith v His Brothers and Sisters. [1737] Mor 10307 (26 July 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Mor2410307-114.html Cite as:
[1737] Mor 10307
Subject_1 PERSONAL and REAL. Subject_2 SECT. VIII.
Effect of Irritancies, &c. not ingrossed in the Infeftment.
Creditors of Smith v. His Brothers and Sisters
Date: 26 July 1737 Case No. No 114.
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A father having disponed his estate to his eldest son, with the burden of certain sums to his younger children, which did not enter the precept of sasine nor the sasine itself upon the precept, otherwise than by a general reference; the same notwithstanding was found effectual against the son's real creditors’ seeing the burden was fully engrossed in the disposition, which was the warrant of the sasine; for, though a general reference in an infeftment is not good against a singular successor, yet a charter is a part of the infeftment as much as a sasine; and a disposition, when it is the immediate warrant of the sasine, stands in place of a charter, and is considered as part of the infeftment. See No. 68. p. 10246. See Appendix.
