[1682] Mor 12523
Subject_1 PROOF.
Subject_2 DIVISION III. Public Instrument, how far Probative.
Subject_3 SECT. III. Instrument of Sasine.
Date: King
v.
Chalmers
15 November 1682
Case No.No 399.
A sasine propriis manibus not signed by the granter nor adminiculated, no sufficient title.
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In an action of reduction, pursued by King against Chalmers, the defender did allege, That the pursuer's title being a gift of ultimus hæres of Janet Chalmers, whose right was as heir to James and Thomas Chalmers, who were infeft only by a sasine propriis manibus, given by the grandfather to them, of a certain tenement; and which sasine not being subscribed by the grandfather, neither having any warrant, nor being adminiculated by any subscribed writ, was not a sufficient title to quarrel the defender's right, which did flow from the heir of the grandfather of the said Thomas and James Chalmers; by virtue of which, the defenders and their authors had been 40 years in possession. The Lords found that James and Thomas Chalmers' sasine, not being subscribed by the granter, nor adminiculated by any subscribed writ under his hand, to be only the assertion of a notary, and so not a sufficient title to quarrel the defender's right; and therefore assoilzied the defenders.
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