Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. II.

What Writs must be produced ad fundandam litem?

Donatar of Stuart's Liferent
v.
Debtor

Date: 10 February 1627
Case No. No 67.

Click here to view a pdf copy of this documet : PDF Copy

In a special declarator of a donatar to the liferent of John Stuart of Coldinghame, against a debtor, the Lords found no necessity to produce the horning in the said declarator, after the general declarator, albeit the debtor was not called, and that he alleged, that the horning ought now to be produced to him, that he might see the same, and oppone against it; which allegeance was repelled.

Act. Craig Alt. Belshes. Clerk, Gibson. Fol. Dic. v. 2. p. 181. Durie, p. 271.