Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SASINE.

Scott of Scolloway
v.
Bruce Stewart

Date: 6 August 1778

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A sasine produced in a process, Scott of Scolloway against Bruce Stewart of Symbister,—(which see Prescription,)—laboured under this objection, That sasine was taken only at one place, though the lands lay discontiguous. And the only union was, that the precept, which was by a subject, bore a warrant to give sasine at that place, in name of the haill other lands; which the granter declared equally sufficient as if taken on each particular. It was said that here there was no proper union, nor clause of union, nor could there be, as no subject superior can grant a union; and therefore the sasine was void and null. The answer made was a communis custom or error, in that part of the country, viz. in Shetland, and that, if the Lords annulled this sasine, they would annul a hundred more. The practice was common, and it had been introduced by the division of the lands, in that part, into numberless small discontiguous parts situated in different islands, &c.; and besides, post tantum temporis, (for the sasine had been taken anno 1709, and possession on it ever since,) omnia rite et solenniter acta must be presumed. — December 1776, Lord Braxfield, probationer, who reported the cause, in the course of his trials, reported it as a cause of difficulty, but inclined to the last opinion. The Lords demurred, as well as he, and therefore pronounced the interlocutor mentioned,—(see Prescription.) But this day they altered, and found that the defender had produced sufficient to exclude; that is, they sustained the sasine.