Scottish Court of Session Decisions

In proving the tenor of a disposition and sale of the lands of Shankfoot, by the late John Young of Shankfoot, in 1774, to the then Duke of Roxburghe, the pursuers produced, as adminicles, inter alia, an instrument of resignation ad remanentiam of the lands, in April, 1777, conform to the procuratory contained in Young's disposition to the Duke, dated 31st January, 1777. Sasine thereon, recorded also in April, 1777, articles of roup, and sale of the lands, with minute of sale, in 1773, by Young to Potts, along with a deed, in 1774, by Potts, declaring that he had purchased for the Duke of Roxburghe. There were sundry other adminicles, consisting of inventories of titles, which specially enumerated and described the disposition, &c. In proof of the casus amissionis, it appeared that the titles had been subjected to frequent changes of custody among a variety of law-agents, in the hands of some of whom it appeared to have fallen aside.