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Riddoch v Stuart. [1673] Mor 2749 (3 February 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor0702749-088.html Cite as:
[1673] Mor 2749
Exceptions, Whether Proponable in Cursu Diligentia.
Riddoch v. Stuart
Date: 3 February 1673 Case No. No 88.
An exhibition ad deliberandum, pursued by an apperent heir, was sustained notwithstanding the defender offered to prove behaviour, unless the defence were instantly verified; for, the Lords will not allow a course of probation to stop an action of this nature.
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John Riddoch, as apparent heir to his good-sire, pursues an exhibition ad deliberandum, against Robert Stuart, who having proponed a defence, that the good-sire was denuded by a disposition in favours of the defender's author, and that he was obliged to produce no further than that disposition; that defence was repelled in respect of this reply, That the defender's author being the good-sire's second son, all rights made to him without, exception ought to be exhibit, albeit real rights made to strangers were not to be exhibit ad deliberandum, under that pretence, to open all men's charter-chests. The defender now further alleged, That the pursuer could, not now deliberate, because he had immixt himself by disponing the heritage.
The Lords refused to sustain this allegeanee against the exhibition, unless it were instantly verified, and would not suffer a course of probation to run to stop an exhibition only ad deliberandum.
