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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cuningham v Stuart. [1635] Mor 6323 (19 February 1635)
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[1635] Mor 6323      

Subject_1 IMPLIED ASSIGNATION.
Subject_2 SECT. III.

Conveyance of Superiority, does it carry casualties already fallen?

Cuningham
v.
Stuart

Date: 19 February 1635
Case No. No 22.

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A vassal being year and day at the horn, and then relaxed, after both which the superior sold the superiority, with all rights he had to the land, without having gifted the liferent to any other, the Lords found that the liferent pertained to the new superior.

Fol. Dic. v.1. p. 423. Durie.

*** See this case, No 18. p. 1738.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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