Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Lord Erskine
v.
-

Date: 5 July 1743

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[Elch., No. 4, Sasine.]

A Charter from a subject bore a clause of union of several tenements into one, and appointed a particular place where sasine should be taken of them all, dispensing with taking sasine upon every particular tenement; and, accordingly, the precept of sasine directs the sasine to be given at that particular place. As the Lords had found that no subject had the power of union and dispensation of that kind, it was thought proper, as several of the tenements lay very discontiguous, one of them particularly in another county, to take infeftment upon each parcel of land by itself.

It was objected against this infeftment,—That it was null, as being disconform to the precept, which directed sasine to be taken at a certain place for the whole lands.

To this it was answered,—That, if the precept had only directed sasine to be given, without any thing more, there was no doubt but the sasine taken thereupon was valid: that the dispensation which is added, is always understood to be in favour of the vassal, and a privilege which he may use or not. Which the Lords sustained.