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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mathieson v Duff of Muirton. [1777] 5 Brn 641 (9 August 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050641-0789.html Cite as: [1777] 5 Brn 641 |
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[1777] 5 Brn 641
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRIT.
Date: Mathieson
v.
Duff of Muirton
9 August 1777 Click here to view a pdf copy of this documet : PDF Copy
A Tack may be executed by missives. In this case it was so, but the missives were not holograph; so the writer was designed, and they were signed before witnesses. Possession followed for two years; but then the tenant resiled: he objected the nullities of the Act 1696, that every page was not signed,—that the pages were not numbered,—nor the number mentioned in the testing clause. He objected also, that, if the letter was truly a tack, it ought to have been upon stamped paper. The Lord Justice-Clerk, Ordinary, 24th July 1776, repelled the objections, and the Lords adhered.
WRIT of Extent, see Extent
The electronic version of the text was provided by the Scottish Council of Law Reporting