Subject_1 IMPLIED ASSIGNATION. Subject_2 SECT. II.
Infeftment of Annualrent granted by one not infeft, what it carries.
David Dewar v. Margaret Wood
1686.
March. Case No. No 18.
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In a competition between the wife of an appriser infeft by him in annualrent of the apprised lands, and a posterior adjudger of his right, it was alleged for the adjudger, That his adjudication was the first formal diligence, seeing the husband who was not infeft, could not infeft his wife.
Answered for the wife; That infeftment ipso facto carried all the personal right the husband had to the subject, and had the effect of an assignation; and the right of the apprising was transmissible by assignation.
The Lords sustained the answer, and preferred the wife.
Fol. Dic. v. 1. p. 423. Harcarse, (Comprisings.) No 320. p. 78.
