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[1736] 2 Elchies 249
Subject_1 HERITAGE AND CONQUEST.
Date: Greenock
v.
Greenock
16 December 1736
Case No.No 1.
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One getting a precept of clare in lands, and the same day purchasing from the superior a right to the teinds, which referred to the precept of clare, particularly in the reddendo, “The said Mr John Greenock and his foresaids, and their tenants and cottars, answering to courts and performing other services as contained in the precept of clare granted by me to him;” —the Lords found that the teinds descended to the heir of line who succeeded in the lands, and would have been of the same opinion (without that specialty) wherever one purchases the teinds of his own lands, that it is eo animo to let them descend to the same heirs; but that specialty plainly limited the succession to the heir of the lands, and therefore the general point was not determined. (See Dict. No. 8. p. 5612.)
The electronic version of the text was provided by the Scottish Council of Law Reporting