Subject_1 JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI. Subject_2 SECT. II.
Where the Author is not liable in Warrandice.
Keith v. Grant, &c
Date: 14 November 1792 Case No. No 18.
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A proprietor of two estates, in one of which he was infeft, in the other not, granted an heritable bond over both, in which the creditor was infeft. On the debtor's death, his heir entered cum beneficio, and thereupon took infeftment in both estates. It was afterwards objected to the heritable bond, that quoad the estate in which the granter died not infeft, the bond and infeftment were inept, as flowing a non habente potestatem. Answered; This defect was removed by the subsequent infeftment of the heir, who is eadem persoua cum defuncto, and jus superveniens auctori accrescit successori. But the Court were of opinion, That the jus superveniens could not accresce in this case; for a sasine obtained a non habente, cannot be cured by any supervening right in the heir.
Fac. Col.
*** This case is No 12. p. 2933. voce Condictio Indebiti
