Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Wadsets and Reversions
1672.
February.
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In using an order for reduction of a wadset, the order will apparently be null, if the user produce not the reversion; neither will a copy satisfy; and if he be not the person to whom the same was granted, then de necessitate he must also produce the right he has thereto, whether it be by assignation, comprising, adjudication, as heir retoured to the receiver of the reversion, or otherwise; only, if a man ex titulo singulari, videlicet by a comprising or the like, come to have right to a reversion, it seems hard in that case to force such a redeemer at his order to produce the principal contract of wadset or the principal reversion, seeing it is in his debtor's hands, and he cannot get it; only he should premonish the wadsetter to bring his reversion with him and exhibit it. See Hope, tit. 10. of Wadsets and Reversions, folio mihi 73. Yet others think no order can be sustained without production of the reversion, and, therefore, even a singular successor, ere he come to use an order, should recover the principal reversion by an exhibition. And Hadington seems to say no less; 19th January 1610, John Reull against Mr. William Brown: Parliament 1469, act 27. Yet see Dury, 28th June 1628. L. Newark; 21st February 1635, Earleston: and see the same in Balmanno, verbo Redemptions, p. 266. See this same decision in the other collection I have beside me of that year 1610.
