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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Michael Nesmith of Posso v His Son, young Posso. [1681] 2 Brn 8 (3 November 1681)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Sir Michael Nesmith of Posso
v.
His Son, young Posso
3 November 1681 Click here to view a pdf copy of this documet : PDF Copy
Sir Michael Nesmith's agent having used an order of redemption of an apprising, the instrument of premonition bore, That the procurator's power was sufficiently known to the notary; but the procuratory not being produced to the compriser, upon his requiring a sight thereof, he took instruments in the hands of another notary, that there was no procuratory; and the pretended procurator declared, himself, ex post facto, that he had none;—The Lords found, that a negotiorum gestor could not use the order of redemption, without a procuratory, and a ratihabition was not sufficient; and so found the order null, though thereby the apprising would be expired.
Page 64, No. 269.
The electronic version of the text was provided by the Scottish Council of Law Reporting