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Scottish Court of Session Decisions >>
L. Earlston v L. Grimmet. [1635] Mor 13461 (21 February 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor3113461-036.html
An order of redemption was sustained, although the instrument of premonition made no mention of the procuratory.
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In a redemption, the Lords sustained the order of redemption, albeit the instrument of premonition made no mention that the procurator, who made the same, did show his procuratory and warrant to premonish, and also, albeit the instrument of consignation made no mention therein, neither of the production of the procuratory, nor yet of the production or shewing of the reversion, by virtue whereof the redemption was used, without which had been both produced, and also the instrument of premonition and consignation had made mention expressly, that the same were shown, as the defender alleged to be necessary in all orders of redemption, he alleged the order could not be sustained, but absolvitor ought to be granted therefrom; which allegeance was repelled and the order sustained; but declared, that they would not draw this hereafter in a preparative, in respect the pursuer had sustained great trouble in actions for recovery of the said reversion from the same defender.
Act. Mowat.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 2. p. 322. Durie, p. 757.
