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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sivright v. Straiton Estate Co. (Ltd) [1878] ScotLR 15_622 (12 June 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0622.html
Cite as: [1878] SLR 15_622, [1878] ScotLR 15_622
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SCOTTISH_SLR_Court_of_Session
Page: 622↓
Court of Session Inner House Second Division.
[
v.
Facts:
Held ( aff. Lord Adam, Ordinary) that under the 4th sub-section of the 4th clause of the Conveyancing Act 1874 a singular successor in whose favour in November 1876 a disposition was executed and recorded was liable to the superior in payment of a casualty of a year's rent, although the superior had in 1873 granted a precept of clare constat in favour of the heir of the last-entered vassal (who was still in life), but which was not recorded till after the institution of the action.
Opinions ( per curiam) that this case was ruled by the cases of Ferrier's Trs. v. Bayley, May 26, 1877, 4 R. 738, and Rossmore's Trs. v. Brownlie and Others, Nov. 23, 1877, 15 Scot. Law Rep. 129, and that the unrecorded precept of clare constat was merely a personal title which in virtue of the Conveyancing Act 1774 was swept away by the subsequently recorded disposition.
Counsel for Pursuer (Respondent)— Balfour— Pearson. Agents— Tods, Murray, & Jamieson, W.S.
Counsel for Defenders (Reclaimers)—Lord Advocate (Watson)— M'Laren. Agents— Welsh & Forbes, S.S.C.