Scottish Court of Session Decisions

Subject_1 TENOR.

Hamilton
v.
Sommerville

Date: 15 July 1564
Case No. No. 2.

A charter of confirmation found to supply a lost charter, without a process for proving the tenor.

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Anent the action pursued by Sir James Hamilton against the Lord Sommerville for reduction of certain lands; it was alleged by the said Lord Sommerville, that the said James’ father had resigned certain of the said lands in the said Lord’s father’s hands as superior thereof, ad perpetuam remanentiam. It was alleged by the said Sir James, that the said Lord’s father after that resignation, had infeft heritably the said Sir James’ father in the said lands; and to prove the same, produced an extract of the register authenticated by the clerk thereof, containing at length ane confirmation of the King’s G. of the said inserest, and the said Lord’s charter made to the said Sir James’ father interted at length in the said confirmation. It was alleged by the said Lord Sommerville, that the said extract of the register was not enough to verify the said sir James’ allegeance, without he show the principal charter made by the said Lord’s father ; which allegeance of the said Lord Sommerville was repelled; and found, that ane charter inserted at length in the King’s confirmation is sufficient, howbeit that the principal charter be not produced, and shall have as great faith as if it were produced.

Fol. Dic. v. 2. P. 449. Maitland MS. p. 152.