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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Burn v William Adam. [1766] Hailes 826 (17 February 1779)
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Cite as: [1766] Hailes 826
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[1766] Hailes 826
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Date: John Burn
v.
William Adam
17 February 1779 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 132; Dict. 8852.]
Braxfield. If a claimant produces a charter, liable to no intrinsic objection, that, with infeftment and possession, is a good title. If the freeholders may inquire as to the warrants of charters, they may go back and inquire as to the warrants of signatures. This charter can in no sense be said to be null and void, for it was indisputably a good title of prescription.
President. When a charter is produced, the freeholders must take it such as it is. I think, however, that the charter ought to correspond with the signature. The hand of the baron is the warrant; and, were that not to be the rule, many dangerous consequences might ensue.
On the 17th February 1779, “The Lords found that the freeholders did wrong, and appointed the claimant to be enrolled.”
Act. D. Rae, &C. Alt. A. Crosbie, &c.
The electronic version of the text was provided by the Scottish Council of Law Reporting