Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent a Base Seasine of Ward Lands

Date: 26 June 1677

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It was inquired, if a base seasine of ward lands, taken on a mandate or precept of seasine, given by a party when he is in lecto, can import recognition? Videtur quod non; because the warrant of the seasine is null in law, being on death-bed; and Craig, Feud. p. 344, tells of a decision, by which the Lords found a seasine, null for want of registration, could not infer recognition. Yet I think the Lords would not decide thus now. See M'Keinzie's Pleadings, p. 58. Vide infra, No. 590. [Grant against Mackenzie, 6th July, 1677.] Besides, neither want of registration, nor deeds in lecto, are such intrinsic nullities but they are valid till quarrelled.

Advocates' MS. No. 580, § 3, folio 289.