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Scottish Court of Session Decisions >>
E. Melross v L. Bass. [1623] Mor 12510 (25 November 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2912510-379.html
A sasine by hasp and staple is a sufficient proof against an heir, of his entry, to subject him passive to all his father's debts. It is likewise sustained as an active title.
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This day it was controverted amongst the Lords, if a sasine given to a party, of land within burgh, as heir to his predecessor, by the Bailie and Clerk, by hesp and staple, as use is in burgh, should verify the person so seized, to be heir to his predecessor active, without any preceding warrant, and service of court, cognoscing him to be heir. The cause of the doubt was, because such sasines could not be of another nature than sasines which proceed upon precepts of clare constat, which are granted by other superiors, and which prove not active for the receivers, but passive against them; but it was not doubted, but that the foresaid sasines in burgh gave the party right to the land, only it was controverted, if it was sufficient to furnish him action, as heir to that predecessor in other causes; but it were of a dangerous consequence not to find them to prove active as well as passive.
