CHEYNE v THOMSON (Court of Session)

In 1725, Andrew Moffat and his wife feued three and a-half acres of the lands of St Leonards from Sir James Nicholson, for a feu-duty of L.140 Scots, and were duly infeft.

In 1752, Moffat and his wife granted a disposition of one quarter of an acre of these lands to Patrick Tod, with a procuratory of resignation, and obligation to infeft by a double manner of holding, either blench of Moffat, and freeing him of L.12 Scots, as a proportion of the said feu-duty payable to his superior, or from Moffat of his immediate superior, for payment of the said sum of L.12 Scots.

Tod took infeftment on the precept of sasine contained in this disposition in 1753. He afterwards transmitted his right to Patrick Begbie, who also took infeftment on the disposition to him; and the property of this quarter of an acre afterwards passed through various heirs and successors to the present defender, by a series of base infeftments.

Moffat in the meantime granted various subfeus of other portions of the three and a-half acres which he held under Sir James Nicholson, but remained undivested of the mid-superiority of the whole. On his death, he was succeeded by his children, Thomas and Margaret Moffat, who, in 1759, were served heirs of provision to their father, and, at the same time, were infeft on a precept of clare constat and charter of novodamus, which was granted in their favour by the successor of Sir James Nicholson, in the whole subjects contained in the feu-charter to their father of three and a-half acres.

Tod and Robertson afterwards conveyed their rights to these three acres and a half to trustees, who obtained a charter of resignation from the superior, the successor of Sir James Nicholson, on which they took infeftment in 1763.