A Crown vassal executed in 1767 a disposition of certain lands in favour of the Crown, with procuratory of resignation ad remanentiam. The disposition contained a clause ‘in favour of His Majesty and his royal heirs and successors,’ of relief from certain specified burdens, and every other parish or public burden which might be demanded from them, for and in respect of the lands disponed. In an action raised by a successor of a disponee from the Crown against the representative of the original disponer, for implement of the obligation, the House ( aff. judgment of Second Division) assoilzied the defender on the ground that the obligation was one strictly and inalienably in favour of the Crown and the royal successors of the Crown in the lands, and therefore not transmissible to the effect of entitling the pursuer to enforce it against the defender.
Judges:
Lord Chancellor, Lord Blackburn, and Lord Watson
Citations:
[1884] UKHL 105, 22 SLR 105
Links:
Jurisdiction:
Scotland
Land
Updated: 28 June 2022; Ref: scu.636748