Scottish Court of Session Decisions

Subject_1 EXHIBITION.
Subject_2 SECT. IV.

Who liable to Exhibit.

Mr Walter Whiteford
v.
L Johnstoun.

Date: 19 June 1630
Case No. No 18.

A person infeft found not obliged to exhibit to the person who disponed to him, or to an inhibiter.

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One Johnstoun having disponed some lands to Mr Walter Whiteford by contract, whereupon inhibition was served; and having thereafter disponed the same to the Laird of Johnstoun; the said Johnstoun and Mr Walter pursue the Laird of Johnston for the exhibition of the writs of the said lands, made to this disponer and his predecessors; wherein the Lords found, that neither this disponer nor Mr Walter, by virtue of this contract and inhibition, executed before the acquiring of the Laird of Johnston's right, could have action to seek exhibition of the writs of the lands from the Laird of Johnston, who stood infeft therein; albeit this right was acquired from the pursuer after Mr Walter his inhibition; for, he being infeft in the land, so long as his infeftment stood, he ought to bruik the land, and would not be compelled to produce the evidents at his instance who disponed the same, nor at Mr Walter's instance who was not infeft, without prejudice to reduce upon the inhibition, in the which process the defender might be called to produce the same.

Act. Lermonth. Alt. Stuart. Clerk, Gibson. Durie, p. 519.