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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Campbell v Haldane. [1754] 5 Brn 809 (4 January 1754) URL: http://www.bailii.org/scot/cases/ScotCS/1754/Brn050809-0982.html Cite as: [1754] 5 Brn 809 |
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[1754] 5 Brn 809
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett, Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Captain Campbell
v.
Haldane
4 January 1754 Click here to view a pdf copy of this documet : PDF Copy
[Elch. M.P. No. 61, 62, 63; and Fac. Coll. No. 96 and 105.]
A Freeholder in this county having purchased lands, took from the seller a disposition in common form, with procuratory of resignation and precept of sea-sine, upon which precept he took infeftment: after this he executed the procuratory of resignation, and expede a charter from the crown, which charter also confirmed the base infeftment; and this charter with the seasine upon it, he mentions, in his claim to be enrolled, as his title. It was objected, that this charter could be no title for enrolment, because ex facie it was null and void, as bearing a confirmation of the prior base infeftment, which made it impossible for the procuratory to be executed, and rendered the charter of resignation void and null. This objection the freeholders sustained; but, upon a complaint, the Lords unanimously ordained him to be enrolled, because they thought that a man having sundry titles to lands might claim upon any of them, and the freeholders could not set up one of his titles against the other, nor make his right hand fight against his left.
Lord Elchies said, that as the precept was to infeftment holding either a me or de me, the seasine taken upon that precept would apply to either manner of holding; and supposing it to be a seasine de me, the confirmation of it was very consistable with the charter of resignation..
The electronic version of the text was provided by the Scottish Council of Law Reporting
