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Scottish Court of Session Decisions >>
Innes v Innes. [1621] Mor 7748 (20 February 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor1907748-003.html Cite as:
[1621] Mor 7748
Subject_1 JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI. Subject_2 SECT. I.
Where the author is liable in Warrandice.
Innes v. Innes
Date: 20 February 1621 Case No. No 3.
A right supervening in the author's person accresces to him to whom he is author.
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Walter Innes, assignee by Balvenny to a tack set to him of some lands by the Earl of Murray, pursues Alexander Innes for the mails and duties of the lands of certain crops from 1622 to 1626 inclusive. Alleged, Balvenny, before the assignation, or Walter Sime the assignee, is denuded of that tack by disponing the same to Mark Mawer, who is denuded thereof in favour of the Earl of Murray; which Earl disponed the lands to the defender by contract, and is obliged to infeft him; and so the pursuer, being denuded of the tack in favours of the Earl, the same accresces to fortify the posterior right given by the Earl to the defender. Admits the allegeance.
Clerk, Durie.
Fol. Dic. v. 1. p. 513. Nicolson, MS. No 281. p. 194.
