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Scottish Court of Session Decisions >>
Robert Lockhart v William Kennedy. [1662] Mor 2741 (13 February 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0702741-077.html Cite as:
[1662] Mor 2741
Challenge on the Head of Interdiction, how Proponable.
Robert Lockhart v. William Kennedy
Date: 13 February 1662 Case No. No 77.
Interdiction may be proponed by way of reply. This occasions no delay to the pursuer.
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Robert Lockhart pursues a declarator of the redemption of some lands, against William Kennedy of Achtefardel, who alleged absolvitor; because, before the order was used, the reversion was discharged, and the discharge registered. The pursuer replied, ought to be repelled, because the granter of the discharge was interdicted, before the granting thereof, and the same not granted with the interdictor's consent. The defender answered, Non competit by Way of reply, but only by way of action of reduction, as is ordinary, in the case of inhibition and interdiction.
The Lords sustained the reply, in respect that it was not proponed, by defence to delay the pursuit, but by reply, which did only delay the pursuer himself; and also, that they thought it hard, to cause the pursuer quit his possession, and then go to a reduction.
