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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nasmith of Ravenscraig v Storie of Braco. [1748] 1 Elchies 437 (8 November 1748)
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Cite as: [1748] 1 Elchies 437
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[1748] 1 Elchies 437
Subject_1 SUPERIOR AND VASSAL.
Nasmith of Ravenscraig
v.
Storie of Braco
1748 ,Nov. 8 .
Case No.No. 9.
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Lands being first feued for a feu-duty of L.7, and thereafter that feu-duty afterwards disponed to be held bleach for payment of 1d. and relieving the disponer of 45s as part
of the reddendodue to his own superior, with clauses to enter the vassal's heirs gratis; thereafter the disponer sold the superiority, but excepted from the warrandice former feu rights granted of these lands, “with the express burden of which feu rights these presents are granted by me and no otherwise.” In a question betwixt the vassal and singular successor in the superiority, the Lords found that infeftment of the feu-duty effectual, that the lands were still holden feu, but the feu-duty held under another right, and found the 45s. was part of the reddendo and ought to enter the charters, but found the extraordinary personal clauses not real. This was the interlocutor as marked on my papers by Lord Tinwald, for I was not present. 8th November, Altered this last part in respect of the burdening clause.
The electronic version of the text was provided by the Scottish Council of Law Reporting