Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. II.

Notary's Instrument.

Edward Ruthven
v.
The Earl of Callander

Date: 30 June 1680
Case No. No 371.

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The Lords found, Though a minor's curators cannot sell heritage, without a decreet of vendition, yet they may require the money of a wadset, and renounce it; and, if a decreet be needful, the decreet of suspension of Session is sufficient. They also repelled this objection against the instrument of requisition, that Callander offered to prove, by the procuratory and witnesses, only 24,000 merks of the sum was required, and not the whole, unless he would consign L. 40 Scots, and offer to improve it; because, the notary's common instruments be not probative till the witnesses inserted be examined; yet instruments of premonition, requisition, resignation, and sasine, are probative of themselves; because, they depend on procuratories and precepts, and are the foundations and parts of securities of estates.

Fol. Dic. v. 2. p. 242. Fountainhall, MS.