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A general service is a sufficient title to sue reduction of real rights.
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Mr. David Wardlaw, having comprised from Rowan some lands, wherein Rowan was infeft, for debt owing to him by the said Rowan, and upon the said comprising, he being infeft; after the decease of the said Rowan his debtor, another Rowan brother to the defunct, as general heir to their father, who was infeft in the same lands, pursues for reduction of Mr. David Wardlaw's comprising and infeftment: And the defender alleging, that the pursuer by virtue of this title of general retour, as heir to his father, could not have interest to pursue for reduction of his real right of comprising and infeftment, except he had been specially served and infeft per expressum in these lands; the Lords repeled this allegeance, and found this general retour of the pursuer, as general heir, was sufficient to give the pursuer a title and interest to reduce the said real right, and sustained the same.
Act. Bruce.Alt. Macgil.Clerk, Gibson.
Durie, p. 785.
