What Sort of Singular Successors entitled to be received by the Superior? - Whether the Seller or Purchaser bound to enter?
Aitchison v. Dickson
1684.
February. Case No. No. 39.
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The Earl of Roxburgh having granted a feu-infeftment to Adam Niven of a house in Kelso, and having disponed the same to John Dickson, who was infeft, to be holden base of the granter, and John Dickson having entered into a minute with James Aitchison, by which he was obliged to dispone the house, and to grant him a sufficient disposition, containing a procurator of resignation and precept of sasine; and John Dickson being charged for granting of the disposition; he suspended, upon consignation of a disposition, bearing an obligation to infeft, and procuratory of resignation. Answered, That the suspender being infeft holding base of Niven, his author, the disposition was not sufficient, unless he should procure the base infeftment to be confirmed by the Earl of Roxburgh, superior. The Lords found the disposition sufficient, and that the clause of the bond obliging the suspender to grant a sufficient disposition, did not import that he should obtain himself infeft to be holden of the superior, or procure a confirmation of Niven's base infeftment.
