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Scottish Court of Session Decisions >>
Campbell and Graham v Muir. [1760] Mor 8820 (5 February 1760)
URL: http://www.bailii.org/scot/cases/ScotCS/1760/Mor2108820-191.html Cite as:
[1760] Mor 8820
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. VIII.
Splitting the Superiority.
Campbell and Graham v. Muir
Date: 5 February 1760 Case No. No 191.
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The Earl of Glencairn conveyed the superiority of certain lands to Boyd Porterfield of that Ilk, the vassal, who disponed it partly to Daniel Campbell of Shawfield, and partly to William Graham younger of Gartmore in liferent, and to the Earl in fee. Objected, That as the charter from the Crown to Mr Porter-field contained one joint reddendo for the whole lands, it was not in his power to separate them without the consent of the Crown. Answered, The precept bears to assignees, which implies consent to dispone the lands in whole or in part; at any rate, the superior cannot be prejudiced by the division, the whole lands, and every part thereof, being liable for the reddendo. The Lords repelled the objection, and ordained the claimants to be added to the roll.
