Scottish Court of Session Decisions

Subject_1 JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI.
Subject_2 SECT. III.

To which Successor does the Right accresce?

Alexander Alison, Writer to the Signet,
v.
Mr James Chalmers, Son to William Chalmers, Notary in Kinrossie

Date: 28 February 1708
Case No. No 22.

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Patrick Patullo having disponed to Mr James Chalmers an heritable bond upon the lands of Glencorse, belonging to George Patullo, to whom the disponer was apparent heir, and, after intimation of that disposition to the debtor in the bond, having re-disponed the same to Alexander Alison; the Lords preferred Mr James Chalmers, who received the first disposition; albeit Patrick Patullo, the common granter, was served heir upon the procuratory contained in the second, in order to perfect and validate that right; for the service was found to accresce to the first right, which contained also a procuratory, and warrandice from fact and deed.

Fol. Dic. v. 1. p. 515. Forbes, p. 250.