Scottish Court of Session Decisions

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

Violet Layng
v.
The Laird of Haddow

Date: 19 January 1636

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

In an action of reduction pursued by Violet Layng, relict of the deceased Mr Thomas Garden, minister of Tarves, for reducing of a decreet reductive, obtained at the instance of the Laird of Haddow against Gordon of Tullialt, for reducing of his infeftment, because it was not leasom to Tullialt to dispone the said lands, or any part thereof, without consent of the superior; which infeftment was reduced for not-production, and all the subaltern infeftments per consequentiam; which decreet being craved to be reduced, by reason the said relict was ready to produce her right, and dispute against the reason of the first reduction;—it was alleged by Haddow, that the relict's summons of reduction was not relevant nor formal, because she calls not for production of the first summons of reduction, containing the reasons. To the which it was answered, That she had no reason to call for that summons; because, in decreets of reduction for not-production, the clerk inserts not the reasons libelled in the summons; but when such decreets are craved to be reduced, the clerks are dealt with to produce the said summons. The Lords sustained the summons of reduction, and reponed the pursuer to dispute upon the reasons contained in the first summons, which the clerk of the process is ordained to produce.

2d MS. Page 184.