[1680] Mor 16837
Subject_1 WRIT.
Subject_2 SECT. II. Deeds signed by Notaries.
Maxwell of Kilbain
v.
The Earl of Nithsdale's Tenants
1680 .January .
Case No.No. 54.
Click here to view a pdf copy of this documet : PDF Copy
In the case of Homer Maxwell of Kilbain against the Earl of Nithsdale's tenants, the Lords sustained a sasine, the attestation whereof was only the contracted subscription which a notary used to put to any other inferior kind of instrument, such as the intimation of an assignation, or the like; viz. ita esse attestor signo et subscriptione his meis manualibus.
In another cause, they found a sasine valid, though it was registrated with the notary's name blank, et ego vero notarius publicus; because the party condescended on him, and so filled it up ex intervallo, and abode at the truth of it.
The electronic version of the text was provided by the Scottish Council of Law Reporting