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Scottish Court of Session Decisions >>
Laird Lawriston v Lady Dunnipace. [1636] Mor 14330 (19 March 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor3314330-024.html Cite as:
[1636] Mor 14330
Sasine of different Lands taken place at one only. - The same Person both Bailie and Attorney. - Sasine taken in the Night. - Notary's Attestation of the number of Leaves.
Laird Lawriston v. Lady Dunnipace
Date: 19 March 1636 Case No. No. 24.
Where lands are discontiguous, unless the sasine be taken at the place named by the king in the act of union, the sasine is null.
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The Lady Dunnipace, younger, being infeft by her husband and her father-in-law, in conjunct fee, in certain lands of his, lying in the Mearns principally, and in the lands of Seabegs, lying within the sheriffdom of Striviling, in special warrandice of the said principal lands, and sasine being given to her of the said lands, both principal and warrandice, at the ground of the lands in the Mearns, which were the principal, conform to an union made by the granter thereof in favours of the Lady, whereby he appointed the sasine to be taken at such a place designed by him for that effect, to serve for all the lands, both principal and warrandice, and according whereto she was seised at the said place, viz. at the ground of the lands of in the Mearns, which was appointed to be the place of union constituted in the Lady's right; it being of verity, that all the said lands, both principal and warrandice, were united to the old Laird of Dunnipace himself, in a barony by the King, and sasine appointed to be taken at the place of Lawriston in the Mearns, and to serve for the whole foresaid lands, notwithstanding of the discontiguity thereof; and this place of the King's union contained in the Laird's charter, not being that place designed in the Lady's infeftment, whereas he appointed her to take her sasine to serve for the said lands provided to her in liferent, but being another place designed by himself; and after the said Lady's infeftment, the old Laird disponing the lands granted to her in warrandice to the Laird of Lawriston, for causes most onerous of debt, wherein he was bound, and had paid the same for him; which Laird of Lawriston craving by a pursuit of declarator, that it might be decerned, that her right might not be found to extend to these warrandice lands, disponed as said is to him, for this reason; viz. because she was not seised upon the ground of the said lands, they lying so far discontiguous from the other lands, whereat her sasine was taken, conform to the warrant of the said union made by her husband, which could not sustain, being done and made at another place than the place of the union appointed to himself by the King's charter granted to him as said is, and so could not strike against the said warrandice lands: The Lords found this reason relevant and proven, and in respect thereof, found the said sasine and right, so far as concerned the warrandice lands, to be null, and decerned against the same, conform to the desire of the summons.
