Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

Anent Registration of Contracts

1677. January.

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Though some of the parties consenters in a contract be dead, yet if the principal parties, subscribers, be living, it may be registrate (notwithstanding the death of the others) as to their interest; yea, if a party contract nomine alieno et procuratorio, if he die, yet if the party live to whose use and behoof it was, he may registrate it, if his name be mentioned in it, and the other be called only his trustee. A clause in a contract in favours of a third party, though not subscribing, may be acclaimed by him, and execution sought thereon. See Durie, 1625.

Advocates' MS. No. 528, § 5, folio 272.