Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. III.
Production of Titles cum Processu.
Lord Torthorrel v. Earl Queensberry
Date: 26 March 1636 Case No. No 21.
Click here to view a pdf copy of this documet : PDF Copy
Lord Torthorrel pursuing the Earl Queensberry for reduction of the alienation of the lands and lordship of Carlisle, upon a reason of interdiction; and it being questioned for the defender, that ante omnia the interdiction should be produced, which is the ground of the reason; and the pursuer answering, That he was not holden to produce it in ingressu litis, but he should produce it in termino probationis, after that his reason is admitted to probation; for it might be that he behoved to use incident diligence to recover the same, not being in his own hand; and the defender could not misken this interdiction, seeing in the alienation controverted, he contracted with the pursuer, as with a person interdicted, and mentioned therein the consent of the persons interdictors, to whom he was so interdicted;—the Lords found, that in actions of reduction, which were founded upon a reason of interdiction, or upon a reason of inhibition, that the interdictions and inhibitions should be produced in ingresm litis, and that no process should be granted in the cause, for discussing of the reason, (after the production were satisfied,) before the same were produced and shown to the party; and therefore ordained the pursuer to produce this interdiction, before any further process were granted in this cause.
Act. Stuart & Johnston.Alt. Advocatus, Nicolson & Mowat.Clerk, Scot.
Fol. Dic. v. 2. p. 302. Durie, p. 808.
