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David Crichton being infeft in a land in Edinburgh, by right from umquhile Hamilton, his author, by progress, to which Hamilton, Marion Wallace gave a bond, obliging her to ratify his right; which bond the said pursuer, as singular successor, desired to be registered at his instance against her. The Lords found, That the pursuer, as singular successor, could not pursue registration of this bond against the defender, so summarily by action of registration, and as heritor of the land, by right flowing from that person to whom the bond was made; but reserved to him his ordinary action, which he as successor in rem might de jure have thereon, either by pursuit for implement, or otherwise.
Clerk, Scot.
Durie, p. 584.*** Auchinleck reports this case:
A bond that is conceived in favours of heirs cannot be registered at the instance of a singular successor, but he must pursue by way of action for fulfilling of that bond.
Auchinleck MS. p. 189.*** Spottiswood also reports this case:
Marion Wallace having given a bond of warrandice to Patrick Hamilton, for warranding of a disposition of a tenement of land in Edinburgh, made by her father to Patrick; afterwards, David Crichton, to whom Patrick disponed the same tenement, sought to have this bond registered against the said Marion, as he who had succeeded to the right of the tenement, with all writs and evidents that belonged thereto; yet the Lords would not sustain the action at his instance as singular successor only, without he had been assigned particularly to that bond.
