A disposition of lands found imported by an assignation to the mails and duties in all time coming.
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An assignation being made to mails and duties of a tenement of land, for the year in which it was granted, and in time coming without limitation, the Lords found, That the heir of the cedent ought to give a formal and valid disposition of the land, whereupon the assignee may be infeft; seeing, otherwise, he could not be secure as to a perpetual right to mails and duties against a singular successor; et concesso jure conceduntur omnia sine quibus explicari non potest.
Dirleton, No. 89. p. 37.*** Stair reports this case:
Umquhile Mr. John Rae having two sisters, and heirs portioners, the one married to Robert St. Clair, and the other to umquhile Alexander Cowper, the said Alexander and his spouse, as heir portioner, assigns to Robert St. Clair a number of her brother's bonds, and likewise, as heir, assigns him to the mails and duties of a tenement of Mr. John's, for such terms, and in time coming. Sir John St. Clair, having apprised Robert St. Clair's right, pursues John Cowper, as representing his father, to hear it declared, that this perpetual assignation to the mails and duties did import an absolute disposition of the lands, and did carry in consequence an obligation, and all things to make the disposition effectual, and so to renew it into a legal form, containing a procuratory and precept. The defender alleged, Absolvitor, because his father had granted no disposition, but only an assignation, and so the defender could be obliged to do no further. The pursuer answered, That this assignation behoved to be understood cum effectu, and to be done to denude the granter, and to settle the right of the duties in the purchaser, and therefore, whosoever gives the right gives all necessaries in his power to accomplish it; and the informality of a clerk ought not to evacuate the pursuer's right.
The Lords sustained this process, and found this right to import a perpetual disposition.
