[1751] 2 Elchies 3
Subject_1 ACCESSORIUM SEQUITUR PRINCIPALE.
Date: Birrel
v.
Wilson
28 February 1751
Case No.No. 1.
Application of the rule.
Click here to view a pdf copy of this documet : PDF Copy
One infeft in an annualrent having adjudged for principal, penalty, and some bygone annualrents, afterwards for love and favour disponed the infeftment of annualrent, without mentioning the adjudication and bygone annualrents, or even the general and usual words, “all that has followed, or may follow thereupon,” and the singular successor of that disponer, obtained notwithstanding a charter of adjudication from the superior, and pursued removing against the heir, at least the son and disponee of the debtor, who objected to the pursuer's title, that the adjudication was not conveyed, nor could it be meant to be conveyed: But the Lords repelled the objection. See Dict. No. 18. p. 40.—And yet
The electronic version of the text was provided by the Scottish Council of Law Reporting