Scottish Court of Session Decisions

Subject_1 IMPLIED ASSIGNATION.
Subject_2 SECT. I.

The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.

Sheriff of Teviotdale
v.
Elliot

Date: 24 July 1610
Case No. No 3.

Found in conformity with Craigie against Boyd, No 1. p. 6301.

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He who has gotten wadset of the lands, to be holden of himself under reversion, resigning these lands in his superior's hands, in favour of him who obtains infeftment thereupon, the party so infeft may redeem the wadset lands, albeit he be neither heir nor assignee to the wadsetter, but only successor by the infeftment, which transfers with it the right of the reversion, and needs no declarator, but may be a lawful ground to a decreet of redemption.

Fol. Dic. v. 1. p. 422. Haddington, MS. No 1979.