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Scottish Court of Session Decisions >>
William Pringle v Dr. John Murray of Cavens. [1725] Mor 14312 (26 January 1725)
URL: http://www.bailii.org/scot/cases/ScotCS/1725/Mor3314312-004.html Cite as:
[1725] Mor 14312
Symbols and Formalities of Infeftment of Annual Rent.
William Pringle v. Dr John Murray of Cavens.
Date: 26 January 1725 Case No. No. 4.
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In a competition betwixt these parties, it was objected against a sasine of an anunal-rent produced for Dr. Murray, that it was null, in respect that it bore not delivery of the proper Symbol, but of earth and stone:
To which it was answered, That the sasine in question had been clad with possession for above 40 years; and though it mentioned the delivery of earth and stone, yet it was said to be in manner and conform to the precept, which bore a penny money; and in such cases the delivery of the proper symbol had always been presumed, particularly in that of Somervile against Somervile, 23d March, 1631. Sect. 3. h.t.
The Lords repelled the objection.
Lord Newhall, Reporter.Mackenzie, Clerk.
Fol. Dic. v. 4. p. 263. Edgar, p. 157.
