Scottish Court of Session Decisions

Subject_1 WRIT.

Birrel
v.
Moffat

1745, June 17.
Case No. No. 18.

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A disposition signed with initial letters, and also by two notaries and four witnesses, sustained, albeit the first notary's attestation did not bear de mandato, in respect that the body of the deed, which was all written by that notary, expressly mentioned the notary's signing at the party's command, 19th February 1744. But on a reclaiming bill this was altered, and the disposition found null, 18th June 1744, quod vide. (infra.)

A disposition by a man to his wife, signed by notaries, found null, in respect the first notary's attestation bare not de mandato, albeit the whole paper was written by a notary, and the doquet bore that it was signed by notaries for him, at his command, because he could not write, and was also signed by initials; but that was not mentioned in the doquet, but only that he signed by notaries, 18th June 1745. I was in the Outer-House.