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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Craig v The Heir of Cow. [1633] 1 Brn 343 (20 March 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Craig
v.
The Heir of Cow
20 March 1633 Click here to view a pdf copy of this documet : PDF Copy
Craig pursues the heir of Cow, upon the clause of requisition contained in a contract of wadset, passed betwixt the said pursuer and the defender's father. It is alleged for the defender, No process upon this contract, it being made in anno 1615, at which time, by reason of the Act of Parliament, Ja. VI, Par.—, cap. 1, it ought to have been subscribed by two notaries and four witnesses; and, although the contract be subscribed by two notaries, yet the subscription of the two notaries is not in one place, nor at one time. To the which it was answered, That the allegeance ought to be repelled, in respect of the Act: and farther eiked in corroboration of the said contract, the infeftment followed upon this contract, which, albeit it was subscribed in the same manner with the contract, yet, by virtue thereof, the pursuer had been 20 years in possession. In respect whereof the Lords repelled the exception; which otherways would not have been sustained.
Page 141.
The electronic version of the text was provided by the Scottish Council of Law Reporting