The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.
Laird of Craigie v. Boyd
Date: 19 July 1605 Case No. No 1.
A person sold lands under reversion, and afterwards sold them irredeemably. The last buyer was found to have right to the reversion, and entitled to redeem in virtue of it, though it was not expressly assigned to him. See No 3.
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The Laird of Craigie pursued Boyd of Penkill for redemption of certain land pertaining of old to Sir William Hamilton, who made Sir Lewis Bellenden assignee to the reversion given to him by Penkill, which Sir Lewis made Captain James assignee, Captain James made Mathew Finlayson assignee, and Mathew Finlayson disponed the lands to Craigie.—It was alleged, That Craigie produced no right made to him of Boyd's reversion, and so could not redeem.—Craigie answered, That he was infeft in the land by Mathew Finlayson, and had the reversion in his own hand, and thereby had good right to it, and to redeem; and alleged practicks John Sharp against the Crown, and Curroun against Curroun*.—It was duplied, That in these cases the parties that were infeft pursued for delivery of the reversions, and obtained decreet to verify the reversion to pertain to them, before they pursued any redemption.——Notwithstanding whereof the Lords repelled the exception; found that the said infeftment was a sufficient right to the reversion; and that Craigie might redeem without any other declarator.
Fol. Dic. v. 1. p. 422. Haddington, MS. v. 1. No 933.
