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Scottish Court of Session Decisions >>
The Queen and the Abbot of Coupar, donatour, v The Laird of Duffus. [1558] Mor 846 (31 July 1558)
URL: http://www.bailii.org/scot/cases/ScotCS/1558/Mor0200846-044.html Cite as:
[1558] Mor 846
Subject_1 ASSIGNATION. Subject_2 Formalities of an Instrument of Intimation.
The Queen and the Abbot of Coupar, donatour, v. The Laird of Duffus
Date: 31 July 1558 Case No. No 44.
Intimations of rights and titles must be by delivering a copy, and taking instruments in the personal presence. Verbal intimation would not be sufficient.
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Gif ony persoun havand be gift of the superiour, the marriage of ony air, he sould lauchfullie intimat the samin to him, viz. he, or his procurator, sould come to the personal presence of the air, and ather reid his gift, or give and deliver him ane copie thairof, and tak instrument in the handis of ane notar thairupon; for, gif he or his procurator pass to the personall presence of the heritour, and expone to him be word, that he hes the gift of the marriage disponit to him be the superiour, or that he is cessioner and assignay lauchfullie constitute be the donatour thairof, and makis intimatioun to him of the samin; the samin verbal iutimatioun maid nuda voce, is not sufficient; and thairfoir, albeit the air marie without consent of the said donatour, or his assignay, he sould not be compellit to pay to him the doubill avail of the marriage, bot the single avail allenarlie. And the like to be observit in all intimatiouns of ony uther rights, evidentis, or titillis.
