Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Rankin v. Arnot
Date: 1 July 1680
Click here to view a pdf copy of this documet : PDF Copy
It was alleged a renunciation of an infeftment of annualrent was null, because it was not registrate within sixty days, conform to Act of Parliament in 1617. Replied,—That Act speaks only of registration of wadsets, and infeft-ments of lands and property thereof; but not of infeftments of annualrent; which is only a servitude affecting the ground, and so cannot be extended.
The Lords ordained it to be heard in their own presence; but some thought it did not deserve it, seeing the reason and equity of the statute, for securing the lieges, seems to be alike in both; only, statutes are stricti juris.
In the same cause, on the 8th July 1680, the Lords found a poinding unwarrantable, because it was upon an heritable bond, and not first loosed by requisition.
