Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. III.

Instrument of Sasine.

Marshall
v.
Marshall in Kirkcaldy

Date: 13 November 1623
Case No. No 378.

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A sasine within burgh royal need not be inserted in the secretary's register, in burghs whereof the soil is held of subjects, and the tenements pay him feumail, if they obtain freedom and liberty of free burghs from his Majesty, albeit the tenements held feu of the superior of the burgh; yet sasines taken by the Bailie and town-clerk upon cognition, or by hasp and staple, will be sufficient, in respect of the common custom and interest of many parties, inhabitants of such burghs, as Anstruther, Dysart, Kirkcaldy, Burntisland, Dunfermline, and others, which as held of subjects, and yet have vote in Parliament. Albeit a town-clerk, in the extract of his sasine, design not himself town-clerk, yet the party may prove it cum processu.

Fol. Dic. v. 2. p. 246. Haddington, MS. No 2923.

*** Durie's report of this case is No 8. p. 6389. voce Indivisible.