AI-transcribed

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
AI-transcribed
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
James Buchanan and John Auld v. Adam Grant 1784 Debt, Arrestment, Succession, Sequestration, Trustee, Confirmation This case was about the payment of a decedent’s debts. James Buchanan and John Auld, pursuers, were creditors to an estate under the supervision of a factor, William Galdie. According to the pursuers, William died owing a balance to the estate. To recover the balance, the pursuers attempted to arrest funds in the hands of William’s creditors, including defenders Adam Grant and John Wood. However, these arrestments were ineffective because the defenders had already distributed most of William’s funds at the direction of his general disponee, George Galdie. The pursuers argued that these distributions could not defeat their claims, because George lacked the legal title necessary to order them. The pursuers also claimed that the payments were part of a scheme to favor certain creditors.
Thomas McAllan v. Hugh Bell 1790 Debt, Bankruptcy, Bill of Exchange, Sequestration, Confirmation, Diligence In the case between pursuer Thomas McAllan and defender Hugh Bell, John, David, and Robert Jobson, as trustees and executors of the deceased David Jobson, petitioned the Court to permit sequestration of David Ogilvie's estate under the 1789 Act for rendering payment of creditors more equal and expeditious. Based on the single document cataloged for this case.
Walter Sloan-Laurie v. Alexander Spalding-Gordon 1779 Next of Kin, Confirmation, Compensation, Debt, Arrestment, Succession 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.
William Lenox and Others v. Robert Grant 1784 Debt, Adjudication, Succession, Ranking of Creditors, Confirmation, Executor Robert Grant, defender, petitioned the Court to alter its recent interlocutor in the action raised against him by William Lenox and others. Based on the single document cataloged for this case.

Documents discussing this subject (63)