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Scottish Court of Session Decisions >>
Purdie v Lord Torpichen. [1739] Mor 14334 (9 November 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor3314334-030.html Cite as:
[1739] Mor 14334
Infeftment on a Personal Right. - Sasine on a Precept of clare constat. - Infeftment in a Right of Annual-rent, taken on a Precept in a disposition of the Property.
Purdie v. Lord Torpichen
Date: 9 November 1739 Case No. No. 30.
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The exception of precepts of clare constat in the 35th act of the parliament 1693, was found to be absolute, and that such precepts became ineffectual, not only where the receiver, but also where the granter died before taking sasine thereon, though still such precept or sasine was understood to be a title of prescription. But when the obtainer of a precept of clare constat, who had taken his sasine after the superior the granter's death, had conveyed the lands to a singular successor, who had obtained from the succeeding superior many years thereafter a confirmation of all rights, titles, and securities, in respect the obtainer of the said precept of clare was then in life, although the confirmation was only in the foresaid general terms, the same was found to be effectual to the purchaser, and not challengeable by the heir of the ancient vassal, predecessor of the obtainer of the said precept. This confirmation was considered as of the same effect as if the superior had renewed the precept of clare to the obtainer of the former, though it did not appear whether or not he knew that he was then in life.
Fol. Dic. v. 4. p. 264. Kilkerran.
*** This case is No. 87. p. 10796. voce Prescription.
