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There was a contract past betwixt two parties, Hall and Peebles, whereinto the one party was bound and obliged to infeft the other in certain lands, either by resignation in the hands of the superior, or by alienation, with confirmation of the superior. The party that was obliged to infeft being pursued and charged, consigned an instrument of alienation to be confirmed by the superior.—It was alleged by the other party, That it was not enough to consign the said instrument of alienation, but it behoved him to obtain the same confirmed by the superior, upon his own charges and expenses.—It was answered, That that was not expressed into the contract, and he could not be bound thereto.———The Lords found, That he that is bound to infeft another party into land, must be also obliged to make the expense, nisi aliter per expressum fuerit actum.
