General Clause of Tradition, cum omni juris solemnitate. - General Clause of State and Sasine. - Where there are several Creditors in the same bond.
Lady Pitsligo v. Tenants
Date: 7 February 1611 Case No. No. 10.
Sasine of a mill sufficient being taken in the mill-house, though no mention of delivery of clap and happer. See No.12. and No. 14.
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The old Lady Pitsligo pursued the tenants of Dunslands to remove. It was found, that a sasine was sufficient, that the giver or his baillie accessit ad terras, &c. and gave sasine; albeit in the clause acta erant, there no mention be made of the place where sasine was taken, but only of the hour and witnesses, because the first clause of accessit ad terras designs, upon what place the sasine was taken, as sasine of a milne is sufficient, being taken in the miln-house, albeit it make no mention of delivery of the clap. An exception proponed by the tenants, that they were tenants to their master, who was heritably infeft, and to whom they had made payment there of their maills and duties 13 years, was found relevant, notwithstanding the reply that they had paid their mails to the pursuer's husband 20 years, and could not invert his possession. An exception found relevant upon payment made to the donatar of the ward of the said lands, constituted by my Lord Forbes superior by decease of Forbes his vassal, and their payment of their duties to the donatar five or six years before the warning.
