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Scottish Court of Session Decisions >>
Lord Hermiston v Butler. [1630] Mor 14326 (6 July 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3314326-021.html Cite as:
[1630] Mor 14326
Clause, vidi scivi et audivi. - Clause, acta erant hæc.
Lord Hermiston v. Butler
Date: 6 July 1630 Case No. No. 21.
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In a removing from the lands of Blanse and tower thereof, a sasine bearing tradition of earth and stone, as use is, of the lands and tower, but in the words of that clause of the sasine, which bears, acta erant, &c. no mention being made by the notary that the same was done in turri, but only in fundo dictarum terrarum, whereby the defender alleged, that seeing turres are inter regalia, and that sasine thereof is not taken per expressum, at the tower and fortalice, as it ought to be, therefore that the pursuer cannot seek removing from the tower by virtue thereof; this allegeance was repelled, and the sasine sustained, bearing, that the sasine was taken of the land and tower, albeit the clause of acta erant, &c. made no mention of the tower.
Act. Mowat.Alt. Stewart.Gibson, Clerk.
Fol. Dic. v. 2. p. 363. Durie, p. 525.
