A party being bound to infeft another, the obligant must bear the expense of the infeftment, unless the contrary be specially agreed on. See No 6.
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Anent the action pursued by the Laird of Colston against William Hope-Pringle, it was alleged by the said Laird, That the said William should cause the said Laird to be infeft in certain lands of———, to be holden of the Abbot of Holyroodhouse, and Convent thereof, conform to a decreet-arbitral given betwixt the said parties.—It was alleged by the said William, That howbeit the said Laird should be infeft as said is, the said Laird should bear the expense of the said infeftment, both at the hands of the said Abbot and Convent, and seal fees; which allegeance was repelled by the Lords, and found by interlocutor, that the said William should deliver the said infeftment to the said Laird, free of all manner of expenses, unless it had been specially provided in the contrary.
