Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Ross
v.
Ross

Date: 13 February 1627

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In an action of Ross against Ross, whereby the pursuer craved a minute, and note of an instrument of resignation written upon the back of a procuratory of resignation, ipade in favours of the pursuer, and which minute was written by umquhile John Ross, writer,—to be extended and put in form, as if the writer had been on life, and had extended and delivered the same in form to the pursuer, in his own time; at the least, to hear that minute transumed, and the transumpt thereof extracted by the clerk of register and his deputes, and to be as forceable as if it had been extracted by the notary, and put in form in his lifetime:—In this process, the party who subscribes the procuratory of resignation, was living, and called, and compeared not: This summons being advised with the Lords, the first part of the desire thereof was refused; for, the notary being dead, they found that no other could extend the same. But that part anent the transuming of the minute, as it bore, according to the tenor thereof, without alteration, was sustained, as it was written by the notary.

Act. Nicolson; the other party being absent. Hay, Clerk.

Page 271.