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Scottish Court of Session Decisions >>
The Duke of Roxburgh v Hall. [1741] Mor 14332 (4 June 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3314332-027.html Cite as:
[1741] Mor 14332
Sasine of different Lands taken place at one only. - The same Person both Bailie and Attorney. - Sasine taken in the Night. - Notary's Attestation of the number of Leaves.
The Duke of Roxburgh v. Hall
1741.
June4.&
July17. Case No. No. 27.
The notary's attestation not bearing the number of the leaves.
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The nullity objected to a sasine upon the satute 1686, c. 17. was sustained, That the attestation of the notary did not condescend upon the number of the leaves of the sasine, 4th June, 1741.
But upon a review, the Lords having examined the keeper of the register of sasines, and several writers to the signet, from whose declarations it appeared that a great number of sasines wrote book-ways laboured under the same defect with that here objected, that the attestation of the notary did not bear the number of the leaves; they, in respect of the danger that might ensue by annulling a sasine for a defect, which in practice has been so general, “Altered their former interlocutor, and repelled the objection to the sasine;” but declared they would make an act of sederunt for reviving and enforcing the observance of the statute, 17th July, 1741.
