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Scottish Court of Session Decisions >>
Lady Borthwick v Tenants of Catkune. [1632] Mor 2815 (17 July 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor0702815-052.html Cite as:
[1632] Mor 2815
Assignation to Mails and Duties, with other Rights.
Lady Borthwick v. Tenants of Catkune
Date: 17 July 1632 Case No. No 52.
A factory to a creditor, to uplift rents till he should be paid, is not good against a singular successor in the lands.
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In the cause pursued by the Lady Borthwick against the Tenants of Catkune, found, That a factory granted by the Lord Borthwick to Cuthbert Borthwick, for uplifting his rents, ay and while he were paid of a certain sum owing to him by the Lord Borthwick, was not a real right which might hinder the said Lord to make any disposition of bis lands to a third person.
Fol. Dic. v. 1. p. 181. Spottiswood, (Factor.) p. 126.
