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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Francis Scot v Lord Napier. [1735] Mor 3965 (26 June 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor1003965-011.html
Cite as: [1735] Mor 3965

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[1735] Mor 3965      

Subject_1 EXHIBITION.
Subject_2 SECT. III.

Demand of exhibition of ‘all writs.

Francis Scot
v.
Lord Napier

Date: 26 June 1735
Case No. No 11.

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In a reduction and improbation of certain land rights, the defender produced charter and sasine, sufficient, with forty years possession, to exclude the pursuer. The pursuer took out a diligence, in general to prove interruptions; and having executed the same against the defender himself, the Lords found that he was not obliged to depone unless a special condescendence were given of writs called for to be exhibited.

1736. January 13.

The Lords afterwards refused to oblige the defender to produce an inventory of his writings, particularly condescended on by the pursuer.

Fol. Dic. v. 1. 282.

*** This case is reported by Clerk Home, 8th July 1737, No 27. p. 358.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor1003965-011.html