Scottish Court of Session Decisions

Subject_1 REDUCTION.

Balmanno
v.
Maxwell, &c

Date: 18 March 1628
Case No. No 18.

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Alexander Balmanno had a tack of a feu set to him by John Maxwell, whose wife was heretrix of the land, and had not consented to the tack, but had consented, after the setting of the tack, to the alienation of the tenement to another person. Alexander ex capite inhibitionis seeks reduction of the infeftment, in so far as it might prejudge his tack, and surnmons, in this action, only Mr John Maxwell, setter of the tack, and the persons to whom the said John, with consent of his wife, had analzied the land after the inhibition. It was alleged, That the wife of John Maxwell, who was heretrix of the land, and had disponed the same, with warrandice, ought to have been summoned. The Lords found there was no necessity to summon her.

Auchinleck, MS. p. 185.