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Scottish Court of Session Decisions >>
L. Crosbie v L. Polwart. [1630] Mor 16160 (21 December 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3716160-005.html Cite as:
[1630] Mor 16160
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In a transferring of an old instrument, which Crosbie desired to be copied, and doubled under the Clerk Register's handwriting, and to make as great faith as the principal; and the defender alleging it to be null, because it bore “a disposition made only under the form of instrument,” and was neither subscribed by the parties, nor by a notary for him, but only under form of instrument; notwithstanding whereof, the same was ordained to be doubled, seeing the doubling made it neither better nor worse, and no more was desired; and the Lords found, that the nullity could not be received to be discussed in this place, but reserved the same to be proponed and discussed when the said instrument, or the transumpt thereof, should be used in judgment against the defender in any action moved thereupon.
Act. Craig.Alt. Stuart.Clerk, Gibson.
Durie, p. 550.
