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Scottish Court of Session Decisions >>
Yeoman v Stuart. [1629] Mor 12513 (7 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2912513-385.html Cite as:
[1629] Mor 12513
A sasine by hasp and staple granted to an heir of the creditor in an infeftment of annualrent, found a sufficient title to insist in a poinding of the ground.
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A sasine of an annualrent of L. 20 to be taken out of a tenement in Dundee granted to the pursuer by the Bailies of Dundee by hasp and staple, as heir to his father, who was infeft therein upon his author's resignation, mentioned in his said father's sasine, proporting the said resignation; likeas, his said father's author's sasine purported to be given by the heritor of the land to the said author of the said annualrent, to be taken out of the said land, there being no other adminicle, neither of the first sasine, nor none of the subsequent sasines, but the assertion of the notary to the sasine, who was town-clerk; and there being no other preceding writ for the warrant thereof, nor no possession had of the said annualrent at any time since the first sasine, which was dated and given 38 years since, the sasine foresaid given to the pursuer by hasp and staple, with the other sasines preceding, as said is, was sustained to produce action at the pursuer's instance, (albeit he was not retoured heir in the said annualrent to his father; and albeit there was neither preceding adminicle to the sasine, nor yet any possession since the date thereof; and albeit it was only testified by the clerk's assertion, notary thereto) for poinding of the land, both for bygones and times to come, seeing the same was given by the Bailie and town-clerk, according to the usual form within burgh in such cases; which was sustained, albeit the sasine of the said annualrent bore not to be given to hold burgage; and which the defender alleged ought not to be respected as in other sasines of lands held burgage, where the assertion of the Bailie and town-clerk, testified by the clerk's instrument, is sufficient; which was repelled, and the sasine sustained.
Act. Fletcher.Alt. ——.Clerk, Hay.
Fol. Dic. v. 2. p. 246. Durie, p. 437.
