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Scottish Court of Session Decisions >>
Jean Buchanan v The Marquis of Montrose. [1683] Mor 4010 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1004010-033.html Cite as:
[1683] Mor 4010
Subject_1 EXHIBITION AD DELIBERANDUM. Subject_2 SECT. III.
What writs may be called for.
Jean Buchanan v. The Marquis of Montrose
1683.
January. Case No. No 33.
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Major Grant having got from the Laird of Buchanan a disposition of lands redeemable by the granter's heirs, and the charter-chest delivered to him, he disponed his right to the Marquis of Montrose, against whom Buchanan's daughter pursued an exhibition ad deliberandum.
Alleged for the defender, That the pursuer could have no inspection of papers but such as contained clauses in her favour, or were in the defunct's possession at his death, which the charter-chest was not.
The Lords, in respect that Grant's right was redeemable, found the charter-chest was the common evidence both for the right to Grant, and the reversion in favour of the pursuer; and therefore decerned.
