BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Sheriff of Cavers v Henderson. [1623] Mor 16877 (8 July 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor3816877-094.html Cite as:
[1623] Mor 16877
Click here to view a pdf copy of this documet : PDF Copy
In an action of redemption pursued at the instance of the Sheriff of Cavers, against Henderson, the Lords found a reversion null, which was subscribed by notaries, for the granter of the reversion, and not by the parties' own hand, because the same being made after the act of Parliament in October 1579, it had not four witnesses insert therein, at the usual clause in the end, namely, “Before thir witnesses:” In the which clause the Lords found there should be four witnesses insert, specially designed, that the witnesses may be known, who were present at the subscribing of the reversion, or other writ of importance, so that they found, that the writ should have the whole four witnesses' names, who were present at the subscribing, insert and designed in the body of the writ, otherwise the writ to be null; and this reversion was found null, albeit there were two witnesses insert in the body who were specially designed, and albeit it was subscribed by other two witnesses, by and attour the other two which were insert; and in respect the two subscribing witnesses were not also insert and designed in the body of the writ, nor yet designed by their subscription, the said reversion was not therefore sustained; and because the pursuer thereafter referred the verity of the reversion to the party's oath, he being yet on life, The Lords received the oath of the party to sustain the same, and to supply the foresaid nullity.
Actor, Nicolson et Belshes.Clerk, Hay.
Durie, p. 70.
