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Scottish Court of Session Decisions >>
Janet Kid v Dickson. [1666] Mor 16835 (29 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3816835-050.html Cite as:
[1666] Mor 16835
Deed subscribed by one notary and two witnesses reducible.
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Janet Kid pursues reduction of a disposition of some tenements in Forfar, made by her father on this ground, that the disposition is subscribed but by one notary and one witness, and the charter by one notary and two witnesses, and so is null by the act of Parliament, requiring two notaries and four witnesses in writs of importance. It was answered, That the tenements being small, the price of one expressed being 200 merks, and the other 300 merks, the foresaid two writs were sufficient, clad with many years possession in the defunct's time, who never challenged the same; 2dly, They are established by the sasine given propriis manibus, conform to the obligement of the disposition and charter by a town-clerk, registrated in the town-books.
The Lords having ordained the defenders to condescend, upon any adminicles they had, for astructing the verity of the subscription, they condescended only on seven years possession, which the Lords found was not sufficient to establish the right without reduction; but if the defender had condescended on 40 years possession, the Lords declared they would hear them dispute, whether that could be sufficient or not.
