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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Galloway v Burgh of Dumbarton. [1554] Mor 3104 (15 June 1554)
URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor0803104-020.html
Cite as: [1554] Mor 3104

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[1554] Mor 3104      

Subject_1 CONSUETUDE.
Subject_2 SECT. IV.

Deeds executed in a Wrong Form. - Sasine not Registered. - Wrong Symbols of Sasines.

Galloway
v.
Burgh of Dumbarton

Date: 15 June 1554
Case No. No 20.

It being the custom of a burgh, that all reversions should be under the form of instrument taken in the town clerk's hands, the Lords sustained the same, altho' regularly, reversions cannot be valid, unless subscribed by the party.


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Anent the action persewed be Mr Galloway against the Burgesses of Dumbarton anent the redemption of ane burrowland, in the said Burgh be virtue of ane reversion made in form of instrument, but it should have been under the seal and subscription manual of party;—it was replied be the said Galloway, That it was use and custom of the said Burgh, past memory of man, that all reversions made in form of instrument made be the common clerk of the town, were as sufficient as any other reversion; whilk reply was admitted be the Lords, to the said Galloway, Provost.

Fol. Dic. v. 1. p. 204. Maitland, MS. p. 119.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor0803104-020.html