General Clause of Tradition, cum omni juris solemnitate. - General Clause of State and Sasine. - Where there are several Creditors in the same bond.
Maxwell v. L Portrack.
Date: 21 March 1628 Case No. No. 11.
A sasine carrying salmon fishing was sustained, with a general clause of state and sasine, without the clause per traditionem cymbę et relis.
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In a removing, Maxwell of Cowhill contra Portrack, from a fishing, the Lords sustained the pursuer's sasine produced for his title in this removing from a salmon fishing; albeit the sasine bore not expressly, that sasine was taken of that fishing per traditionem cymbæ et retis, but only bore that the bailie came to the ground of the land, fishing, and others therein contained, and thereupon gave state and sasine of the same; and in the words acta erant hæc, it says only acta erant hæc super fundis dictarum terrarum aliarumquæ particulariter supra specificatarum; which the Lords found sufficient, where the defender alleged ho right to the fishing in his person; and albeit thereafter he alleged he was infeft in piscationibus cum traditione cymbæ et retis, yet that was also repelled, being proponed only ad hum effectum, to make the pursuer's sasine null, for want of the like clause traditiene cymbæ et retis; but it was reserved to be discussed, being proponed peremptorie causæ, as a right to elide the pursuer's right.
Act. Cunninghame.Alt.
Fol. Dic. v. 2. p. 363. Durie, p. 365.
