Scottish Court of Session Decisions

Subject_1 SASINE.
Subject_2 SECT. VI.

Sasine of different Lands taken place at one only. - The same Person both Bailie and Attorney. - Sasine taken in the Night. - Notary's Attestation of the number of Leaves.

Arnot and her Spouse
v.
Turner

Date: 19 November 1679
Case No. No. 26.

Sasine valid, though not taken in day light.

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Margaret Arnot being infeft in an annual-rent, effeiring to £10,000 out of the lands Capledrea, granted by her father for her portion, and being thereupon in possession the space of 30 years, pursues a poinding of the ground. Compearance was made for Mr. Archibald Turner, as having right to a bond granted by Capledrea to Isobel Law, and an inhibition thereupon in anno 1663, against Capledrea; and thereupon alleges, that Margaret Arnot's sasine is null, bearing to have been circiter horam nonam post meridiem, whereby it behoved to have been taken under cloud of night, and so is no lawful act. It was answered, That though legal executions are required to be done in day-light, that all parties having interest may compear and protest; yet there is neither law nor custom requiring sasines to be done in day-light, more than the subscribing of writs, and delivering of goods. Neither can it be a circumstance of fraud or latency in this case, the infeftment being in anno 1638, and Margaret long in possession before any right or diligence done by Isobel.

“The Lords found the sasine valid, though it had not been taken in day-light, nothing of latency or fraud being qualified.”

Fol. Dic. v. 3. p. 364. Stair, v. 2. p. 708.