Confirmation, Charter of. The modern form of a disposition to a purchaser includes the clauses of a charter a me as well as de me; and when the disponee has taken infeftment on the indefinite precept of sasine, contained in a disposition, with this double manner of holding, such infeftment will not only constitute a valid base right in the person of the disponee, from the date of the infeftment; but the superior may, by confirmation, render that infeftment equivalent to infeftment on a precept of sasine granted by himself, and thus render the right public. This is accomplished by a charter of confirmation from the superior; so called, because it ratifies and confirms the right granted to the purchaser, and the sasine following upon it.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Confirmation.” Public domain.
Legal Subject: Confirmation |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Walter Sloan-Laurie v. Alexander Spalding-Gordon | 1779 | Next of Kin, Confirmation, Compensation | This is one of several cases litigated by the heirs of Walter Laurie of Redcastle. Laurie of Redcastle was a creditor of Robert Gordon of Shirmers. After Laurie's death, his nephew, James Laurie, assumed ownership of his uncle's moveable effects, for which he obtained partial confirmation. Thirty-five years later, after the death of James Laurie, his nephew Walter Sloan-Laurie brought action against Alexander Spalding-Gordon, the representative of the deceased Robert Gordon, for payment of the aforementioned debt. The defender, Spalding-Gordon, argued that as he had been a creditor of the late James Laurie sufficient to compensate, this debt was extinguished. The pursuer argued that because James Laurie had never been fully confirmed as an heir, the credit remained in bonis (in the goods of) Walter Laurie of Redcastle. Lord Hailes ruled in favor of the defender. The pursuer then appealed to the full court, which decided in his favor. |
