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Scottish Court of Session Decisions >>
Hume v Craw. [1637] Mor 10371 (28 February 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor2510371-053.html Cite as:
[1637] Mor 10371
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Hume v. Craw
Date: 28 February 1637 Case No. No 53.
Liferent tacks are assignable, tho' assignees be not expressed.
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One Craw having set a tack of his lands of——to another Craw, during his lifetime, not bearing, to be set to his heirs and assignees, nor yet bearing any clause excluding assignees; which tack being assigned by the tacksman to one Hume, who pursuing the setter of the tack, and another called —— Craw, (who had acquired after the tack, and after inhibition served thereon, an heritable right of the lands from Craw, setter of the tack, and by virtue whereof they retained among them the possession of the lands), for payment of the mails and duties of the lands, as was provided by the tack, if the tacksman was not entered thereto; and it being alleged, That this tack was personally set to the tacksman, and so could not be transmitted in an assignee, there being no power in the tack to make assignees, the Lords repelled this allegeance, and found, that this tack being set to the tacksman during his lifetime, he might lawfully and validly make an assignee thereto, and so sustained the assignation, seeing the cedent was on life.
Act. Craig.Alt. Mowat et Hog.Clerk, Gibson.
Fol. Dic. v. 2. p. 75. Durie, p. 832.
*** A similar decision was pronounced, Duff against Fowler, 16th July 1672, No 95. p. 10282. voce Personal and Real.
