General Clause of Tradition, cum omni juris solemnitate. - General Clause of State and Sasine. - Where there are several Creditors in the same bond.
L Smeiton v. Vassals of Dumfermline
Date: 15 March 1631 Case No. No. 14.
Traditio cum omni juris solemnitate, found sufficient in sasine of a mill without mentioning clap and happer.
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The pursuer, as heir to his father, who was infeft in the lands and mills libelled, pursuing the defenders for improbation of their writs of the said lands and mills libelled; and the defenders alleging, That this sasine of the pursuer's could not furnish him action, to improve any of the defenders writs of the said mills, because the precept directs warrant to take sasine per expressum of the lands and mills, per terræ et lapidis traditionem, nec non lie clap et happer super fundis molendinorum; and the sasine bears no tradition of the clap and happer, Which are the ordinary symbols for sasine of mills; likeas the precept also appoints the same;—this allegance was repelled, and the sasine sustained, seeing it bore sasine to be given both of the lands and mills, per terræ et lapidis traditionem fundi hujusmodi terrarum et molendinorum, cum omni juris solemnitate; which the Lords found sufficient, and would not annul the sasine for that omission, albeit the pursuer was not in possession, nor any of his predecessors, by virtue of the sasine, but the defenders were ever possessors, which was not respected.
Act. Nicolson.Alt.Clerk, Hay.
Fol. Dic. v. 2. p. 362. Durie, p. 581.
