A pursuer of reduction ex capite inhibitionis must produce the grounds of debt upon which he proceeds, altho' the inhibiter have also comprised upon the same debts before the infeftment to be reduced.
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In a reduction of an infeftment granted by Sorbie to Kingstair, of the mill of ——, upon a reason, that the pursuer had lawfully comprised the same before the infeftment; and also, that he had inhibited, before the said infeftment, Sorbie, to sell and dispone;—the defender alleging, That the warrant of the inhibition ought to be produced before he could be compelled to dispute upon this reason of inhibition, that he might see the ground thereof;—and the other answering, That he joined with his inhibition, the reason of his anterior comprising upon the same bonds, which are the ground of his inhibition; and the comprising being produced, which is a sentence, he needs produce no more: The Lords found, That seeing the party insisted not upon the reason alone, which was founded upon the comprising, but joined therewith the reason upon the inhibition, as a conjunct reason, that he ought to produce the warrants whereupon the inhibition was raised, that the defender might object what he may lawfully say against the same; seeing the inhibition, and not the comprising, was the main and substantial part of the reason of reduction which appeared to add relevancy thereto.
Act. Stuart & Nicolson.Alt. Gilmore.Clerk, Scot.
Fol. Dic. v. 2. p. 180. Durie, p. 879.
