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Scottish Court of Session Decisions >>
Renton of Lamerton v Home of Polwart. [1680] 3 Brn 383 (23 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030383-0523.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Renton of Lamerton v. Home of Polwart
Date: 23 December 1680
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In Renton of Lamerton's case against Home of Polwart, a seasine being quarrelled as null, because, in the act of tradition, instead of saying, “by delivery of earth and stone,” it says, “by delivery of the ground of the lands,” which is earth, but not stone; and that this is de forma specifica, and essential:
The Lords found the seasine, being in re antiqua, viz. thirty years ago, valid; but, if the notary was alive, ordained him to be deprived for his informality.
An infeftment of annualrent was quarrelled, because the seasine bore the delivery of a piece of silver money; whereas the symbol of it precisely is “a penny,” secundum veterum nostrorum prædecessorum paupertatem. Yet I think the silver, as majus, continebit sub se minus.
The Lords, in January 1680, in the case of Homer Maxwell of Kilbain against The E. of Nithsdale's Tenants, sustained a seasine the attestation whereof was only the contracted subscription which a notary uses to put to any other inferior kind of instrument, such as the intimation of an assignation, or the like; viz. ita esse attestor signo et subscriptione his meis manualibus.
In another cause, they found a seasine valid, though it was registrate with the notary's name blank, Et ego vero notarius publicus; because the
party condescended on him, and so filled it up ex intervallo, and abode at the truth of it.
