Absolute warrandice of lands found not to extend to make good an addition to a glebe.
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The Laird of Innes having disponed certain lands to Auchintuill, with absolute warrandice, in anno 1630; thereafter in anno 1643, there was an addition made to the Minister's glebe, to make it up four acres, according to the act of Parliament, out of the lands that were disponed, being kirk-lands; whereupon Auchintuill pursues recourse against the Laird of Innes, who alleged, Absolvitor, because absolute warrandice cannot extend to this case, which the buyer should and might have known, whether there was a sufficient glebe designed, and that the lands being kirk-lands, were liable to a glebe.
The Lords found, that the warrandice could not extend to a glebe of kirk-lands designed after the vendition, although by a law before the vendition, unless it had been specially expressed in the warrandice, it being a notour burden upon the land.
Stair, v. 2. p. 436.
*** See contrary cases, Elphinston against Blantyre, No. 39. p. 16585.; Watson against Law, No. 44. p. 16588.; and Bonnar against Lyon, infra.
