In a general settlement a testator conveyed to his son his whole estate, heritable and moveable, ‘but declaring that this disposition and conveyance is granted and is to be accepted of under the following burdens, . . which are hereby declared to be real burdens on the estate hereby conveyed.’ These burdens included, inter alia, an annuity of pounds 35 in favour of the disponee’s sister. The disponee completed his title by notarial instruments (in terms of Schedule L, sec. 19, of the Titles to Land Consolidation Act 1868), each of which, after setting forth the conveyance in the general disposition, and describing the several subjects in which the disponer was infeft, narrated at length the clause declaring the said authority to be a real burden. These notarial instruments were duly recorded.
Held (rev. the decision of the Second Division) that a real burden was created on the lands.
When the trustee in a mercantile sequestration engages in litigation, he is personally liable for costs to the opposite party.
Judges:
Lord Chancellor (Herschell), and Lords Watson, Morris, and Shand
Citations:
[1893] UKHL 275, 31 SLR 275
Links:
Jurisdiction:
England and Wales
Land
Updated: 27 April 2022; Ref: scu.633305