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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clark v. Melville [1880] ScotLR 18_72 (16 November 1880) URL: http://www.bailii.org/scot/cases/ScotCS/1880/18SLR0072.html Cite as: [1880] SLR 18_72, [1880] ScotLR 18_72 |
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Page: 72↓
In an action for production and delivery of the titles to certain subjects by one alleging himself to be the heir of the last proprietor, against which the defender, who held the titles as law-agent, pleaded that the pursuer had failed to establish his propinquity, and that he was entitled to the production by the pursuer of a service or other habile title before exhibiting the deeds, the Lord Ordinary (Craighill) allowed the pursuer a proof of his averments, and to the defender a conjunct probation. On a reclaiming-note presented by the pursuer the Court unanimously recalled the Lord Ordinary's interlocutor, and expressed the opinion, that being satisfied that exhibition of the deeds called for was necessary, the proper course was that they should be exhibited in the hands of the Clerk of Court, not to form a part of the process, but merely put there for the temporary and limited purpose of being exhibited.
Counsel for Pursuer— Trayner— Watt. Agent— Alexander Morison, S.S.C.
Counsel for Defender— Robertson— Dickson. Agents— J. & A. Hastie, S.S.C.
