Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Ross
v.
William Dick and Hume of Heugh

Date: 12 December 1634

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In a reduction of a contract, and some other special writs called for, following upon that contract, of the lands of Heugh, made to the said William Dick by the said Hume of Heugh, as done since an inhibition executed by the said —— Ross, pursuer, who was creditor to the said good-man of Heugh; where, in the said summons of reduction, the defenders were called by a general clause, to produce, not only the said special writs particularly called for, but also all and whatsoever other writs concerning the said lands made by the said debtor to the defender, since the said inhibition:—which clause being quarrelled by the defender, that it could not be sustained; seeing, by action of reduction, nothing can be called to be produced, or reduced, but only special writs expressly and particularly condescended upon; for these general clauses, albeit they be sustained in improbations, yet have never been sustained, nor ever can be, in reductions, to reduce writs for not production, not specially called for. This exception was repelled, and the certification of the general clause sustained and granted; for the Lords reduced all writs not produced, which were made since the inhibition of the lands libelled, to the defender by the debtor; so that the time was special in the date of the writs, viz. since the inhibition, which was produced; and the subject was special, viz. the lands libelled; and the persons were special, viz. by the debtor to this defender. Therefore the general clause being so qualified, was sustained.

Act. Advocatus. Alt. Stuart. Scot, Clerk.

Vid. 18th January 1637, E. Hume.

Page 741.