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Scottish Court of Session Decisions >>
Maxwell of Kilbain v The Earl of Nithsdale's Tenants. [1680] Mor 16837 (00 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3816837-054.html Cite as:
[1680] Mor 16837
Maxwell of Kilbain v. The Earl of Nithsdale's Tenants
1680.
January. Case No. No. 54.
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In the case of Homer Maxwell of Kilbain against the Earl of Nithsdale's tenants, the Lords sustained a sasine, the attestation whereof was only the contracted subscription which a notary used 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 sasine valid, though it was registrated 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.
