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[1628] Mor 2814      

Subject_1 COMPETITION.
Subject_2 SECT. X.

Assignation to Mails and Duties, with other Rights.

Huntly
v.
Hume

Date: 13 December 1628
Case No. No 51.

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The cedent continuing still proprietor of the lands, notwithstanding of assignation to the mails and duties, must have a power of alienation; and of consequence the purchaser, who has right to the lands, must of necessary consequence have right to the produce of the lands; therefore it is, that the assignee's right to mails and duties, which is only a personal claim against possessors, and no real right in the lands, must fall as soon as the cedent is denuded by infeftment.

Fol. Dic. v. 1. p. 181.

*** See The particulars of this case, No 12, p. 2764.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0702814-051.html