Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent reduction ex capite inhibitionis

Date: 2 July 1672

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Quæritur, if a man who pursues to have deeds reduced, ex capite Inhibitionis,or such like, be obliged to call in his process the granter of the said deeds, sought to be reduced, and he being dead, his representatives: seeing if the deeds be annulled, the granter stands bound in warrandice, and so is concerned that they be not reduced; and also he may be able to say many things against that creditor who pursues the reduction, that may be noways consistent in the defender's knowledge.

I think it safest the author be called, just as the principal debtor must be called in an action to make forthcoming. But that is absolutely necessary in a forthcoming, yet I think it not so here.

Advocates' MS. No. 356, folio 146.