Subject_1 PERSONAL and REAL. Subject_2 SECT. VIII.
Effect of Irritancies, &c. not ingrossed in the Infeftment.
Competition betwixt the Duke of Argyle and the Creditors of Barbreck
Date: 13 February 1730 Case No. No 113.
Click here to view a pdf copy of this documet : PDF Copy
A superior granted a feu-right to his vassal, with certain prohibitory and irritant clauses. These clauses were engrossed at full length in the charter, but not in the precept of sasine, nor in the sasine itself, otherwise than by a general reference, viz. With and under the provisions and conditions particularly mentioned in the charter. It was pleaded, in a competition betwixt the superior and the creditors of the vassal, That this general reference was sufficient to interpel creditors or purchasers; for no prudent persons, who lends money upon the faith of an estate in the person of his debtor, will trust to the sasine alone; he will, no doubt, also insist for a sight of the charter. It was found, notwithstanding, That this general reference was not sufficient against creditors or singular successors.
]
[View without highlighting]
[Printable PDF version]
[Help]
REAL.