Infeftment on a Personal Right. - Sasine on a Precept of clare constat. - Infeftment in a Right of Annual-rent, taken on a Precept in a disposition of the Property.
Stark v. Kincaid
Date: 18 November 1688 Case No. No. 29.
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Stark pursues Thomas Kincaid for reduction of the right of a tenement acquired by his father, by apprysing in favour of himself and his heirs whatsomever, on this reason, that by the contract of marriage betwixt his father and mother, the conquest during the marriage is provided to the heir of the marriage, and that he is heir of the marriage, and infeft in the tenement by the magistrates of Edinburgh as heir of the marriage, in which tenement his brother as heir of line was infeft, and was denuded. The defender alleged no process upon the pursuer's sasine, because it was null, for albeit there be a clause in the contract of marriage, providing the conquest to the heirs of the marriage, yet it is merely personal, and could be no ground to infeft the heir of the marriage, unless his father had been infeft, and his heirs of the marriage.
The Lords found this sasine null, and would not sustain process thereon.
