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Cite as: [1740] Mor 10276

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[1740] Mor 10276      
Subject_1 PERSONAL and REAL.
Subject_2 SECT. VI.

Discharge of the Superior's Casualties.

Nasmyth
 v.
Storry

Date: 17 December 1740
Case No. No 87.

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Where a superior had, by a clause in a feu-charter to his vassal, obliged himself, when any casualties should fall by reason of non-entry, liferent escheat, or any other way, to renounce and dispone, and per verba de præsenti renounced and disponed the same and all profits thereof in favour of his vassal, his heirs and successors; this clause was found not to be effectual against singular successors; for, as there is no record of charters, singular successors could not otherwise be safe.

As to the effect of this clause between the vassal and the granter and his heirs, see Superior and Vassal.

 Fol. Dic. v. 4. p. 69. Kilkerran, (Personal and Real.) No 3. p. 383.

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/1740/Mor2410276-087.html