[1629] Mor 13452
Subject_1 REDEMPTION.
Date: E Buccleuch
v.
Young and Ker
20 March 1629
Case No.No 26.
No necessity to premonish the compriser of a wadset.
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An order of redemption being used against the heir of one who was infeft under reversion, and declarator sought thereupon the creditor of him from whom the redemption was used, having comprised his wadset right, and having charged the superior to receive him upon that comprising, which superior was user of the said order of redemption, being heritor of the lands, and to whom the reversion was granted; it was found, that there was no necessity to have premonished the said compriser, by the said order of redemption, albeit he had charged upon the comprising, before the using of the said order; and so that he compearing in this process for his interest, alleged that the pursuer being so charged, could not have miskenned the excipient; which exception was repelled, and the order sustained, seeing the pursuer had suspended that charge, which stood undiscussed; but ordained the excipient to propone against the order in the cause, what other defence he pleased, but would not cast the order for his not being warned.
Act. Nicolson. Alt. Cheap. Clerk, Scott. *** Spottiswood's report of this case is No 55. p. 2204. voce Citation.
*** See a case between the same parties, 25th March 1629, No 88. p. 2631. voce Compensation.
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