Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION I.

Presumed Alteration and Revocation.

Livingston
v.
Menzies and Livingston

Date: 31 December 1707
Case No. No 15.

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Tearing away the sidescription from the joining of the first and second sheets of a tailzie, was not found to annul the tailzie, although the obligation to resign, the procuratory of resignation, and lands, were contained in the first sheet; because sidescribing is not an indispensable solemnity in private voluntary rights, as it is in decrees, inhibitions, and other diligences; and further, the maker of the tailzie considered it as valid, notwithstanding the sidescription was torn off, by some days thereafter signing a revocation thereof, except as to a particular effect, for which he declared it was to subsist.

Fol. Dic. v. 2. p. 119. Dalrymple. Forbes.

*** This case is No 69. p. 3261. voce Deathbed.