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Scottish Court of Session Decisions >>
Ballantyne and others, Petitioners. [1750] Mor 13575 (15 November 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3213575-059.html Cite as:
[1750] Mor 13575
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The petitioners having been lately infeft by the Bailies of the burgh of Lanark in certain tenements, holding burgage of the said burgh, to which infeftments the now deceased Richard Dick, the town-clerk, was notary, represented that though there were several sasines, extended and signed, and inserted in the Register of Sasines, yet, by the death of the said Richard Dick, keeper of the register, in July last, the attestations on the back of the sasines, certifying the registration and leaves of the register in which they are inserted, were either not wrote out, or not signed by him, craving that the Lords might authorise Mr William Kirkpatrick, one of their own clerks, who had collated the sasines with the record, to certify the registration on the back of the sasines.
The proper prayer had been to authorise the clerk of the burgh; and accordingly the Lords ‘authorised the new clerk of the burgh to inspect, compare, and certify the registration on the back of the sasines.’
Fol. Dic. v. 4. p. 222. Kilkerran, (Registration.) No 3. p. 479.*** D. Falconer reports this case:
November 16.—Christopher Ballantyne and several others gave in a petition, shewing that, they were duly seized in their several tenements in the town of Lanark, and their sasines registered; but that the principal sasines were not marked on the back as registered, with reference to the leaves of the register where they were inserted; and that Richard Dick town-clerk, who had been notary to the said sasines, and as keeper of the said register, ought to have marked them accordingly, was dead; and praying the Lords would authorise one of their clerks, on comparing them with the register, to mark them, citing a practick to this purpose, but which was of a sasine on a land estate.
The Lords granted warrant to the town-clerk of Lanark, to compare the sasines with the register, and on finding them duly registered, to mark them accordingly.
