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[1677] 3 Brn 154      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent a Base Seasine of Ward Lands

Date: 26 June 1677

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It was inquired, if a base seasine of ward lands, taken on a mandate or precept of seasine, given by a party when he is in lecto, can import recognition? Videtur quod non; because the warrant of the seasine is null in law, being on death-bed; and Craig, Feud. p. 344, tells of a decision, by which the Lords found a seasine, null for want of registration, could not infer recognition. Yet I think the Lords would not decide thus now. See M'Keinzie's Pleadings, p. 58. Vide infra, No. 590. [Grant against Mackenzie, 6th July, 1677.] Besides, neither want of registration, nor deeds in lecto, are such intrinsic nullities but they are valid till quarrelled.

Advocates' MS. No. 580, ยง 3, folio 289.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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