Scottish Court of Session Decisions

Subject_1 SASINE.
Subject_2 SECT. I.

Symbols and Formalities of Infeftment of Annual Rent.

Marquis of Clydesdale
v.
Creditors of Menzies

1729. January.
Case No. No. 5.

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It was objected against an infeftment of annual-rent, that it was null, in respect that the sasine, instead of the ordinary syinbol of a penny money, bore only the delivery of earth and stone. It was answered, That there is no statute fixing the symbol of sasines; that the delivery of symbols is only a formality to fix and ascertain the act of possession; and if such a symbol be truly delivered, as may manifest the intention and deed of the parties, it seems to be a matter of indifferency what the symbol is, whether a penny money for annual-rent, clap and happer for mills, or earth and stone for lands; which last truly appears to be the proper symbol, instead of any other.

The Lords repelied the objection. See Appendix.

Fol. Dic. v. 2. p. 362.