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Scottish Court of Session Decisions >>
Earl of Finlator v Lady Boyne. [1716] Mor 16954 (00 June 1716)
URL: http://www.bailii.org/scot/cases/ScotCS/1716/Mor3816954-189.html Cite as:
[1716] Mor 16954
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It was objected against a sasine, That the witnesses did not sign every leaf, as required by the act 17, Parl. 1686. It was answered, That the act was repealed by act 15, Parl. 1696, by which it is sufficient that witnesses sign the last page. Replied, It neither was nor ought to have been repealed: Parties' subscriptions are a check in securities written bookwise, that no new sheets be put in; but in sasines, where the witnesses subscribe not every page, there is no safety against the notary, who may alter and innovate sasines at pleasure. Duplied, The last act is general, statuting with relation to all securities, without limitation, nor is there any good reason for a distinction, a sasine beyond its warrant being a very harmless instrument, and it must be registered within a very short time to make it effectual against third parties. The Lords repelled the objection. See Appendix.
Fol. Dic. v. 2. p. 544.
*** The like found—January 1725, Earl of Buchan against Duff.—In this last the decision was reversed in the House of Lords.—See Appendix.
