BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Nasmyth v Storry. [1740] Mor 10276 (17 December 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2410276-087.html Cite as:
[1740] Mor 10276
Click here to view a pdf copy of this documet : PDF Copy
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.
