Decree of Sale. – Patronage. – Testing Clause – Sasine. –
1 st. A decree of sale does not cut off the right of or exclude parties not called in the ranking and sale; and the Act 1695 does not protect a purchaser in such a case. 2d. A contract as to patronage sustained, though the witnesses’ designations to the subscription of one of the contracting parties were not inserted in the body of the deed. 3d. Found no objection to a sasine that the notary’s docquet did not mention the particular symbols used in passing infeftment, or bear the notary’s motto affixed to his signature, the sasine being eighty years old, and possession having followed upon it.
Citations:
[1755] UKHL 1 – Paton – 586
Links:
Jurisdiction:
Scotland
Legal Professions
Updated: 26 October 2022; Ref: scu.558222