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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Aberdeen v Irvine of Drum. [1771] 5 Brn 465 (24 July 1771)
URL: http://www.bailii.org/scot/cases/ScotCS/1771/Brn050465-0467.html
Cite as: [1771] 5 Brn 465
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[1771] 5 Brn 465
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 GROUNDS AND WARRANTS.
Date: Earl of Aberdeen
v.
Irvine of Drum
24 July 1771 Click here to view a pdf copy of this documet : PDF Copy
In respect the general and special charges are not the grounds, but warrants of the decreets of adjudication, which the defenders are not obliged to produce after 20 years; therefore find, That the petitioners are not obliged to produce either the said general or special charges, or any other warrants of the decreets; 28th February 1771, Earl of Aberdeen against Irvine of Drum.
Adhered to, 24th July 1771, with this addition:—“In respect of the reason mentioned in the former interlocutor, and that general and special charges are not part of the pursuer’s title, but produced as evidence of the passive title against the defender; and also, in respect of the former decisions of this Court, and acquiescence of the nation therein, therefore adhere to the former interlocutors concerning said general and special charges.
Fount. I. 675.
The electronic version of the text was provided by the Scottish Council of Law Reporting