Scottish Court of Session Decisions

Subject_1 RECOGNITION.

Lord Balmerinoch
v.
Seton

Date: 10 March 1627
Case No. No 6.

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In an action of reduction of the Lord Balmerinoc against Seton of Pitmedden, the Lords found, that a party who had comprised his debtor's lands, and was infeft therein, and who had served inhibition before his comprising, might pursue reduction of infeftments, posterior to his said right, made by his said debtor since his comprising and sasine, which posterior right was the cause why the said debtor's lands were recognosced; and consequently that he might reduce the said right, being the grounds of the said recognition, with the charter and infeftment of recognition, ad hunc effectum only, that he might be paid of his own true debt, for which he had comprised and was infeft.

Act. Stuart. Alt. Baird. Clerk, Hay. Durie, p. 288.