BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
George Norval Advocate v Margaret Hunter. [1664] Mor 12517 (20 December 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2912517-392.html Cite as:
[1664] Mor 12517
A sasine is no presumptive proof of its supposed warrant.
Click here to view a pdf copy of this documet : PDF Copy
Mr George Norval pursuing for mails and duties upon an apprising Compearance is made for Margaret Hunter, who alleged absolvitor, because she was infeft in liferent before Mr George's right; which being found relevant for instructing thereof, she produced her sasine;
Which the Lords found not to instruct without an adminicle, and therefore sustained the decreet.
The said Margaret raised reduction of this decreet on this reason, That now she produced an adminicle, viz. her contract of marriage; 2dly, That the decreet is null, because the quantities are not proved. The charger answered to the first, That the Lords having found the exception not proved, the pursuer could not be admitted in the second instance against a decreet in foro, upon production of that which she should have produced at first. As to the second, he needed not prove the quantities; seeing her exception was total without denying the quantities.
The Lords found the decreet valid, but ordained some of their number to deal with Mr George, to show favour to the poor woman. (The next case is the sequel of this.)
