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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilkie v - . [1739] 5 Brn 681 (11 December 1739)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Wilkie
v.
-
11 December 1739 Click here to view a pdf copy of this documet : PDF Copy
The question here was, Whether a sasine given within burgh, by the bailies, with the town-clerk subscribing as notary, to a singular successor upon a disposition and resignation, was of itself a good foundation of a possessory judgment, without any adminicle whatsomever, such as a disposition, procuratory of resignation, or precept of sasine?
The Lords found that it was; upon this principle, that any sasine whatsomever, though wanting adminicles, is so. It is probable that the Lords would sustain a sasine within burgh without adminicles, to be good in petitorio as well as in possessorio, as resting upon the faith of the bailies and town-clerk; which distinguishes it from sasines in landward. See Dec. Wilson against Stuart, July penult. 1629, (reported by Durie,) and the decision there quoted.
The electronic version of the text was provided by the Scottish Council of Law Reporting