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The late John, Earl of Strathmore, who held the estates of Glammis and others in fee-simple, executed an entail, and various relative trust-deeds, by which the whole rents of the estates were to be tied up for thirty years certain, and contingently for a longer period, and the present pursuer, (the brother of the entailer, and the next heir under the former investitures,) was expressly excluded from the succession.
Upon the death of Earl John, the parties entered into possession; and the present pursuer brought an action of reduction of the several deeds executed by him.
The summons sets forth, as the first ground of reduction, (though in the ordinary form of style,) ‘that the several writs, dispositions, and title-deeds before mentioned, called for to be produced, are vitiated and erased in substantialibus, want the names and designations of the writer and witnesses, and are not duly signed or tested, and are defective in the solemnities required by law.’
The Lord Ordinary sustained the defences, and the Court adhered, (16 Feb. 1830, vide Fac. Rep. ); and this judgment was affirmed on appeal to the House of Lords.
The Lord Ordinary repelled the plea of res judicata, and found, ‘that, under the circumstances of the case, the proceedings in the former action do not constitute res judicata on the particular matters proposed to be brought to issue by the present summons,’ &c.
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