Scottish Court of Session Decisions

Subject_1 EXHIBITION AD DELIBERANDUM.
Subject_2 SECT. III.

What writs may be called for.

Galbreath
v.
Colquhoun

Date: 12 November 1664
Case No. No 30.

A person producing an irredeemable disposition, was found not bound to produce the prior progress of writs, although in favour of the pursuers; but he was bound to make oath whether there was any tailzie in their favour

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Walter Galbreath pursues an exhibition of all writs made by, or to his predecessors, ad deliberandum.——The Lords restricted the libel to writs made to the defunct or his predecessors, or by them to any person in their own family, or containing any clause in their favour; whereupon the defender having deponed, that he had in his hand a disposition of lands made by the pursuer's predecessors, irredeemably; and that he had his predecessor's progress of these lands, but that he thought there was no clause in any of these writs, in the pursuer, or his predecessors favour.

The Lords having considered the oath, ordained the defender to produce the disposition, denuding the pursuer's predecessors; and thought, that being produced simply, without condition or reversion, it liberated him from producing the pursuer's predecessor's progress, though made in their favour; but because the pursuer alleged, that in their predecessor's progress, there was a clause de non alienando, which would work in his favour, and that the oath was not positive, but that he thought, they ordained the defender to be examined if he had any tailzie.

Stair, v. 1. p. 224.