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L. of Wardis v L. Balcomy. [1629] Mor 2213 (2 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0602213-072.html Cite as:
[1629] Mor 2213
Citation in Recognition. - Regress upon Excambed Lands.
L of Wardis v. L Balcomy.
Date: 2 July 1629 Case No. No 72.
In a declarator for regress to excambed lands, because of eviction of the lands given in excambion, it is only necessary to cite the party, or his heirs, with whom the excambion was made, and the present heritable proprietor of the excambed lands; but no need of citing his intermediate authors.
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In a declarator for regress again to the lands excambed, by reason of eviction of lands which were given in excambion; it is not necessary for the pursuer, who for eviction of the lands given in exchange, pursues to be restored to his lands which he gave therefore, to summon any more parties to that process, but the party or his heirs with whom he excambed, and the person then heritable proprietor, if any be possessors of these lands; and it is not necessary to summon any intervening mid persons acquiring right from the excambers, betwixt them and the saids last heritable possessors, albeit these persons, intervening be authors in his right to the present possessor convened, and subject in warrandice thereof.
Act. Nicolson & Russel.Alt. Advocatus & Stuart.Clerk, Gibson.
Fol. Dic. v. 1. p. 138. Durie, p. 455.
