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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3113449-023.html

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[1628] Mor 13449      

Subject_1 REDEMPTION.

Lord Cathcart
v.
Laird of Carss

Date: 15 March 1628
Case No. No 23.

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The Lord Cathcart wadset some lands, which came thereafter into the hands of Carss Crawford. The said Lord uses order of redemption against the Laird of Carss, and pursues declarator of redemption. If is alleged by the defender, All parties having interest are not called, viz. the Laird of Carss's author. The Lords found it necessary that one be summoned to represent him who gave the first reversion, and the present titular of the land, and no more persons, although the land, after the first wadsetting, had past per multas manus.

Auchinleck, MS. p. 181.

*** Durie's report of this case is No 54. p. 2204. voce Citation.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3113449-023.html