Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XXVI.

Citation in Process of Exhibition.

Dick
v.
Skeldon

Date: 10 March 1627
Case No. No 121.

A compriser cannot seek for production of any writs of the lands comprised, nor them to be copied to him, without calling the debtor to the pursuit.

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In an action for exhibition and delivery of writs of comprised lands, at the instance of William Dick, against Skeldon, haver of the writs; the Lords found, that a compriser not infeft, could not call for delivery of charters and sasines of lands, nor such real rights, himself not being really infeft; but that he might call for production of contracts and bonds, the same being comprised: And also found, that a compriser could not seek production of any writs of lands comprised, nor the same to be copied to him, except the party from whom he comprised had been called to that pursuit. See Title To Pursue.

Act. Stuart. Alt. Nicolson. Clerk, Scot. Fol. Dic. v. 1. p. 142. Durie, p. 289.