Scottish Court of Session Decisions

Subject_1 REDEMPTION.

Colonel James Montgomery
v.
The Heirs of Robert Halyburton

Date: 17 February 1663
Case No. No 42.

Redemption sustained at the instance of a singular successor, though he did not produce the reversion, but offered to prove that it was in the hands of the defender.

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In a declarator of redemption of a part of the lands of Collfield,

The Lords sustained the order at the instance of the Colonel, as being a singular successor, albeit he produced not the reversion at the using of the order, nor now, seeing the defenders compeared and he offered to prove by their oath or their curators; that they had the contract of wadset in their hand both then and now.

Fol. Dic. v. 2. p. 333. Stair, v. 1. p. 181.