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Scottish Court of Session Decisions >>
Ramsay v Clapperton. [1730] Mor 9230 (6 February 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor2209230-086.html Cite as:
[1730] Mor 9230
Incumbrances affecting the Subject, transacted by the Disponee, cannot be extended against the Disponer, bound in Warrandice, further than to pay the transacted Sum.
Ramsay v. Clapperton
Date: 6 February 1730 Case No. No 86.
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Found that a wadsetter can purchase in no right to compete with the reverser's right to the lands, upon which his own wadset is founded; because, having the reverser bound in warrandice, he becomes mutually bound to do all in his power to prevent incurring the warrandice: And therefore, when he purchases in a collateral right to the lands, the law presumes it to be done eo animo to fortify their common title, upon which account he has a claim against the reverser for the expense of the purchase, in so far as utiliter gestum in saving from eviction. And thus wadsetters and simple purchasers of lands are upon the same footing. See Appendix.
