Subject_1 PERSONAL and REAL. Subject_2 SECT. VIII.
Effect of Irritancies, &c. not ingrossed in the Infeftment.
Gall v. Mitchell
Date: 6 February 1729 Case No. No 112.
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A feu was granted in the year 1611, with this express irritancy, That if the feuer annalzied the land, without previously offering the same to the pursuer for re-payment of the sum advanced for the feu-right, the feu-contract should be null and extinct, and all that might follow thereupon. This irritancy was brought into the charter as it was in the feu-contract, but omitted in the precept of sasine, whereby it came about, that it was not engrossed in the sasine, nor in any of the following infeftments, not even by way of reference; whereupon it was found, That it could not affect the singular successor of the original vassal. See Appendix.
