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Titles to Land Consolidation (Scotland) Act 1868
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Changes over time for: Section 62
Version Superseded: 02/04/2001
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- 01/02/1991- Amendment
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Point in time - 02/04/2001- Amendment
- 28/11/2004- Amendment
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[F162 Effect of a decree of adjudication or sale.U.K.
In all cases a decree of adjudication, whether for debt or in implement, or a decree of constitution and adjudication, whether for debt or in implement, if duly obtained in the form prescribed by this Act, or obtained, if prior to the commencement of this Act, in the form then in use, or a decree of declarator and adjudication, or a decree of sale, shall, except in the case where the subjects contained in the decree of adjudication, or of constitution and adjudication, or of declarator and adjudication, are heritable securities, be held equivalent to and shall have the legal operation and effect of a conveyance in ordinary form of the lands therein contained granted in favour of the adjudger or purchaser by the ancestor of such apparent heir, or by the owner or proprietor in trust or otherwise, and whether in life or deceased, of the lands adjudged, or by the seller of the lands sold, although [F2under legal disability by reason of nonage] or of insane mind . . . F3 and it shall be lawful and competent to such adjudger or purchaser to complete feudal titles to said lands, not only by infeftment on such decree as a conveyance or by using it, for the purpose of infeftment, as an assignation or as one of a series of assignations of an unrecorded conveyance, as the case may be, in the manner provided by this Act . . . . F3]
Textual Amendments
F1S. 62 which was substituted by Conveyancing (Scotland) Act 1874 (c. 94), s. 62 is now repealed in so far as relating to any such decree as is therein mentioned obtained in relation to lands forming part of the estate of a deceased person by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3
F2Words in s. 62 substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 20 (with s. 1(3))
F3Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
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