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Scottish Court of Session Decisions >>
Edmiston of Wolmet v - . [1623] Mor 3105 (10 July 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0803105-021.html Cite as:
[1623] Mor 3105
Deeds executed in a Wrong Form. - Sasine not Registered. - Wrong Symbols of Sasines.
Edmiston of Wolmet v. -
Date: 10 July 1623 Case No. No 21.
An erroneous practice by which the magistrates of Edinburgh gave sasine of subjects in Leith, did not annul the sasine; on account of the constant custom, and the danger to many other sasines if the nullity should take place.
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In this action of Edmiston of Wolmet contra —, whereof the title of this pursuit was a sasine of a tenement of land within Leith, which being quarrelled by the defender upon nullity, because it was not registrate in the books of the clerk-register, conform to the act of Parliament in anno 1617;—the Lords repelled the allegeance, and sustained the sasine, because it was of a tenement within Leith; which albeit it was not within a burgh-royal, and holden burgage, that thereby it might have the privilege of the exception contained in the act of Parliament, which is conceived in favours of burghs-royal; yet in respect of the consuetude and perpetual custom of giving of such sasines by the bailies of Edinburgh, and that never any was in use to be insert in the fore-said register, and of the dangerous consequence whereby many of the subject's right would fall if this nullity should have place; therefore the Lords sustained the sasine, but nevertheless they declared, that if the excipient would allege that it was, and is, the custom in Leith to registrate sasines in that register, that they would sustain the allegeance.
