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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Lawrie v Mary Waddle. [1771] Hailes 392 (24 January 1771)
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Cite as: [1771] Hailes 392
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[1771] Hailes 392
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 TITLE TO PURSUE.
Subject_3 Objection to the Title of a Pursuer of a ranking and sale, removed by the concurrence of the party having interest.
Date: John Lawrie
v.
Mary Waddle
24 January 1771 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Col. V. 202; Dictionary, 16,130.]
Hailes. Had there been a discharge of the obligation to retrocess, it is admitted that there would have remained no objection. What is the difference between discharging this obligation and authorising the trustee to proceed, as if there had never been any such obligation?
Coalston. I am surprised to see a petition of this kind given in. The whole intention of the litigation is to occasion delay.
On the 24th January 1771, “the Lords sustained the title to pursue, and found the petitioner liable in the expenses of the answers to the pursuer;” adhering to Lord Kaimes's interlocutor.
Act. D. Dalrymple. Alt. A. Wight.
The electronic version of the text was provided by the Scottish Council of Law Reporting