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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Adair v Robina and Jean Adairs. [1787] Hailes 1017 (24 January 1787)
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Cite as: [1787] Hailes 1017
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[1787] Hailes 1017
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 EXHIBITION -
Subject_3 Ad deliberandum, competent on the title of apparency, in an heir-male.
Date: John Adair
v.
Robina and Jean Adairs
24 January 1787 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 464; Dict. 3992.]
Justice-clerk. The very purpose of an action ad deliberandum, is, that a man may know whether he ought to enter, and to what?
Eskgrove. Propinquity must be proved: there is no occasion for a service: on the contrary, the purpose of the action ad deliberandum, is to learn the commoda and the incommoda of the succession. The service to the heirs of line does not exclude the heirs-male.
President. The heir of line is safe, for the heir-male can only demand exhibition of what is devised to heirs-male.
On the 24th January 1787, “The Lords found that the pursuer has sufficiently proved his propinquity, and therefore sustained his title to insist in this action;” adhering to the interlocutor of Lord Justice-Clerk, Ordinary.
Act. G. Wallace. Alt. G. Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting