Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Lord Napier
v.
-

Date: 9 February 1757

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[Fac. Col. II, No. 23.]

In this case the Lords found that a general service was a sufficient title to carry on an improbation and reduction of rights to lands, so far at least as to force a production.

The President said, that this was determined several years ago, in a case where he had been counsel, and had pleaded that such a service was not a good title, because the heir so served, if he should die, the next heir might make up his title by a special service, and so all the litigation with the former heir would be void and null: nevertheless, the Lords sustained the title, to the effect of forcing a production; but Kilkerran thought it could go no farther, which I think right; as I think it also right that it should go so far, because it would be very hard to put a man to the expense of a special service before he knows, by the production, whether he has any right to reduce or no.