Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. II.

Deeds signed by Notaries.

Maxwell of Kilbain
v.
The Earl of Nithsdale's Tenants

1680. January.
Case No. No. 54.

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In the case of Homer Maxwell of Kilbain against the Earl of Nithsdale's tenants, the Lords sustained a sasine, the attestation whereof was only the contracted subscription which a notary used to put to any other inferior kind of instrument, such as the intimation of an assignation, or the like; viz. ita esse attestor signo et subscriptione his meis manualibus.

In another cause, they found a sasine valid, though it was registrated with the notary's name blank, et ego vero notarius publicus; because the party condescended on him, and so filled it up ex intervallo, and abode at the truth of it.

Fountainhall, v. 1. p. 123.