Although a writ was incomplete, being signed by only one of two notaries, it was found there was no locus pćnitentić.
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Margaret Adinston being liferenter of some acres lying about Haddington, and having obtained a decreet of removing against John Brown, did assign her right to Mr Robert Swinton, who having charged thereupon, they did suspend upon this reason, that the said Margaret, during her marriage with James Ferguson, did consent to a tack of the said lands, and did ratify the same before the Bailie of North Berwick; notwithstanding whereof, the letters were found orderly proceeded, because the said Margaret's consent and ratification, was only subscribed by one notary; and likewise the Lords found, that the verity of her consent could not be made up by her oath, in prejudice of the charger, who was assignee for an onerous cause, albeit he was an under clerk of the Session, and one of the members of the College of Justice, he having acquired for an onerous cause.
Fol. Dic. v. 1. p. 561. Gosford, MS. No 25.
*** Stair's report of this case is No 11. p. 3412, voce Declarator.
