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11 Decisions of the Court of Session [i] (1792-1796)

handle is hein.stair/dcctsessn0011 and id is 1 raw text is: 









     D E               ISI 0 N S


                        OF TH.E



COURT                  OF        SESSION.






N° I.                                  November 14. 1792.
                WI    LIAM      KEITH,

                       AGAIN ST

CHARLES GRANS, RICHARD MOLESWORTH, and others,

COND CTIO INDEBITI-takes place where a party obtains a preference
  in a ranking to which be is not entitled, although be has got no more
  than payment of his debt.

JUS ,SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI.-In heritable
   rights requiring feifin, a fupervening right ari/ing to the heir of the
   author does not accrefce to the fucceffor.

 IR ALEXANDER GRANT of Dalvey, purchafed the barony of
     Clava, and certain lands near the borough of Nairn, from
James Rofe. Sir Alexander took infeftment in the lands of Clava,
but his right to the Nairn lands remained perfonal at his death.
   In 1771, he granted an heritable bond for L. io, ooo over his
 whole purchafe, to Archibald Grant of Pittencrieff, by whom it
 was difponed in truft to Colquhoun Grant, writer to the Signet.
   Sir Alexander having died much in debt, his brother Sir Ludo-
 vick entered heir to him cute beneficio inventarii; and in 1783, he
 difponed.the whole of the faid eftate to Mr Keith, accountant, in
 truft for his brother's creditors.
   The truftee, in 1786, fold the barony of Clava to Charles Gor-
 don, at the price of L. 68oo.

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