A sasine was decerned to be given by the superior upon a procuratory of resignation after the resigner's death, upon instrument taken against the superior for refusings before the resigner died.
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Gilbert Robertson having obtained a procuratory of resignation of a tenement of land, in Burntisland, from a woman who was heritable proprietor thereof, and having required the Bailie of the town to receive the, resignation, and give him infeftment conform thereto; and taking instrument upon the Bailie's refusal, the woman who made the resignation thereafter deceasing, Gilbert pursued the Bailie, and the woman's heir, for his interest, to hear the Bailie decerned to give him sasine upon the foresaid resignation, and to hear the same found as lawful as if the sasine had been given in the resigner's lifetime, which reason the Lords found relevant, and decerned conform thereto.
