Decisions upon the clause of the Act of 1696, declaring Heritable Bonds, &c. to be held as granted of the dates of the Sasines taken upon them.
Trustees of Matheson's Creditors v. Smith
1735.
November. Case No. No 263.
Click here to view a pdf copy of this documet : PDF Copy
An heritable bond was dated in June 1727. Infeftment was not taken on it till April 1729; by which time the granter had become bankrupt. The Court decided, as in the case of Merchiston No 261. supra; that the security must be held to be of the date of the sasine; consequently that it afforded no preference, and must be considered as a mere personal security. See The particulars voce Personal and Real.
