Scottish Court of Session Decisions

Subject_1 SASINE.

Creditors of Young of Sommerhouse, Competing

1752, Feb. 17.
Case No. No. 7.

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Lord Woodhall reported to us the like objection to Waddel's sasine on a charter of adjudication which made it the first effectual, as was in June 1741 made by the feuars of Kelso to a sasine of the Duke of Roxburgh, and had before in 1730 been made, in a question betwixt Lady Sinclair and Sir James Stewart, and repelled in both cases, viz. that the notary had not in the doquet recited the number of leaves in the sasine in terms of the act 1686. But as in 1741 upon examination of the keeper of the records and writers to the signet, it appeared to have been in a general non-observance, the Lords though they thought it a nullity by the statute, yet because of the great mischief it might occasion on sustaining the objection, they then repelled it, but agreed to make an act of sederunt to render the lieges inexcusable. So in this case, in respect no act of sederunt had been made and that the keepers of the general register of sasines here do not receive sasines where that is neglected, yet because that is not observed in the remote counties, they therefore repelled it now also; but named a Committee for preparing the act of sederunt.