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[1670] 2 Brn 496      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 20 July 1670

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This was a reduction, whereof the terms were run: and the pursuer seeking certification, it was alleged, There could be no certification granted, because they had made a sufficient production, viz. of all such writs against which any special reason was libelled.

Answered, Ought to be repelled, because the pursuer having called both for seasines and dispositions which were the grounds and warrands of these seasines, there are nothing produced but the seasines.

Replied, That the defender was content to declare that if the pursuer should reduce the seasines, that then the grounds and warrants thereof craved to be produced should fall in consequentiam.

Duplied, Non relevat, because if the dispositions were produced he would find such qualifications and conditions therein as would much further his cause, and therefore they must be produced.

Triplied, There is nothing libelled upon such qualifications, and therefore the duply must be repelled.

The defender's declaration seems reasonable.

Act. Sinclar. Alt. Lockhart. Advocates' MS. No. 83, folio 82.

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/1670/Brn020496-0832.html