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Scottish Court of Session Decisions >>
Horns v Stevenson. [1746] Mor 16117 (6 November 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor3716117-066.html Cite as:
[1746] Mor 16117
If a general service is a sufficient title in reduction of rights on which infeftment has followed?
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The defender in a reduction and improbation having produced an adjudication, with a sasine thereon, objected to the pursuer's title, which was only a general service, as not a sufficient title to carry on a reduction of an adjudication on which infeftment had followed.
The Lords repelled the objection.
A general service has always been sustained as a sufficient title to reduce all right to whatever subjects belonged to the predecessor, although the predecessor was thereon infeft, not only because it has been thought unreasonable to put one to the expense of a special service and infeftment, till it should appear whether he was to have any benefit by it, but that the objection to the title would otherwise be a circle; for it is a good objection to a special service, that another deriving right from the predecessor stands infeft in the subject: The heir served in general must therefore be allowed to have a good title to reduce, else the heir cannot have a title at all.
