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Scottish Court of Session Decisions >>
Gordon of Cluny v - . [1671] 2 Brn 510 (27 January 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020510-0859.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Gordon of Cluny v. -
Date: 27 January 1671
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This was a charge upon a contract; against which it was alleged,—That the charge was null, because the contract was summarily registrate after the death of one of the parties contractors, whereas it should have been registrate by way of action; for the registration of a writ is a formal decreet; now a decreet can never be obtained at a dead man's instance, nor yet against one that's dead. 2do, The clause of registration giving warrant to such a person to compear and give his assent to the registration thereof, is of the nature of a mandate; but mandatum expirat tam morte mandatoris quam mandatarii.
And this the Lords found in the Inner-house, in the case of Kylle and Seaton; See a case not unlike, 13th July 1610, Gordon and Mackie.
