[1600] 5 Brn 639
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRIT.
Thomas Sheddon
v.
Hugh Sproul Crawford
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In an action for making effectual a sale of lands on a minute of sale, Thomas Sheddon contra Hugh Sproul Crawford, the objection was, that, in the deed pursued on, neither the writer nor witnesses were designed, and therefore it was null on the Act 1681; and further, was not written upon stamped paper. Answered,—The deed was holograph of Mr Sproul Crawford, who challenged it, and was also homologated by several steps taken by Mr Sheddon, the purchaser, to carry it into execution. The Lord Auchinleck, Ordinary, found the deed null, and the Lords adhered.
In this case Crawford at once owned, not only that he had subscribed the deed, but that he had wrote it. See 4 New Coll., p. 309.
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