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Scottish Court of Session Decisions >>
Sir Roderick M'Kenzie of Scatwell v Christian Monro. [1731] Mor 12524 (25 June 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2912524-401.html Cite as:
[1731] Mor 12524
Sir Roderick M'Kenzie of Scatwell v. Christian Monro
Date: 25 June 1731 Case No. No 401.
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A husband having granted to his wife a liferent disposition of a tenement within burgh, upon which sasine was taken, bearing, that the husband had resigned propriis manibus, and the sasine was subscribed by the Bailie and Notary, but not by the husband; in a competition, it was objected against this infeftment, That it was null, as proceeding without any warrant from the husband. Answered, The sasine bears that resignation was made, and being subscribed by the Bailie as well as the Notary, it is an instrument that in burgage-holding is probative of the resignation as well as of the infeftment, supported as it is by the liferent-disposition produced. The Lords sustained the instrument of sasine, in regard the liferent-right was produced, and that in the instrument of sasine the husband resigned propriis manibus, in the hands of the Bailie, who signed the said instrument with the Notary, in terms of the act 27th, Parl. 1567. See Appendix.
