Scottish Court of Session Decisions

Subject_1 ACCESSORIUM SEQUITUR PRINCIPALE.

Birrel
v.
Wilson

1751, Feb. 28.
Case No. No. 1.

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Robert Birrel, in 1706, granted an infeftment of annualrent for 1400 merks, to Patrick Kinninmont, who was thereon infeft, and in 1714 adjudged for principal penalty and certain bygone annualrents, amounting in all to L.1176. Kinninmont, in 1718, disponed for love and favour to Alison Algier the annualrent right, with obligement to infeft, and precept of sasine, and sometime after she recovered decreet of poinding the ground. In 1739 Robert Birrel made over these tenements to his son Alexander, in his contract of marriage, whereon he was infeft. Alison Algier died, and Alexander Alison obtained a gift of ultimus hæres to her, and thereon got from the town a charter of the annualrent right, and of adjudication, and was infeft, and sold his right to David Wilson, who pursued a removing against Birrel on his infeftment, on the adjudcation. Objected, The adjudication never was conveyed to Alison Algier, neither specially, nor by any general words; nothing was conveyed but the annualrent right, without even the ordinary clause of “all that has followed or may follow thereon,” and the adjudication of the property can never follow that as an accessory. And 2dly, The adjudication is for sundry annual-rents that are not conveyed. We repelled the objection, and decerned in the removing. Renitent. Kilkerran, et Me.—Vide the immediate next case.