The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.
Tullibarden v. Robison
Date: 24 March 1637 Case No. No 8.
A disposition of lands, implies conveyance of mails and duties.
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Patrick now Earl of Tullibarden, as having right by disposition of the lands of from umquhile William Earl of Tullibarden, pursues John Robison feuer of the said lands, for payment of the feu-duties contained in his infeftment, of the years since the decease of the said umquhile Earl William, his author; and the defender alleging, that no action could be sustained at the pursuer's instance, for payment of the said feu-duties, except it were libelled and instructed, that the pursuer was infeft in the said lands, and superiority of the same; for whatever disposition and procuratory of resignation therein contained, were made in the pursuer's favours, yet without infeftment had followed thereupon, it cannot give action to the pursuer;—and the pursuer answering, that Sir Archibald Stuart of Fynnart, author of umquhile Earl William's right, stands yet infeft, who will concur with the pursuer, and none can quarrel this but the heirs of Earl William, and they cannot be heard, being obliged to warrant this disposition made to the pursuer; the Lords repelled the allegcance, the pursuer finding caution to warrant the defender, anent the payment to be made to this pursuer, at all hands, and against all parties pretending interest thereto.
Act. ———Alt. Johston.Clerk, Gibson.
Fol. Dic. v. 1. p. 422. Durie, p. 842.
