Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

James Stirling
v.
David Panter

Date: 15 July 1628

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In the action pursued by James Stirling against David Panter, for reduction of the said David's infeftment, of — and —, ex capite inhibitionis, executed against Mr David Ogilvie, author to the said David, there was an exception proponed by the defender, That the inhibition was null, because not executed at the market-cross of Kenmure, within the which the defender dwelt before the time. This exception of nullity was repelled hoc loco, but action of reduction reserved to the proponer of the exception. 2do. The defender offered him to improve the executions, which the pursuer was content to admit to his probation; but, seeing the exception of improbation was the last that can be proponed, he contended that he could not thereafter have his action of reduction sustained. The Lords found that he might have his action of reduction reserved to him, notwithstanding of his exception of improbation.

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