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William Dempster, proprietor of the lands of Mossend Green, the annual rental of which was L.105, raised a reduction of certain bonds and bills granted during minority to the defender, William Potts, as having been granted to his lesion, and obtained through fraud and misrepresentation. Potts having also raised against Dempster an action of maills and duties, and an ordinary action upon one of the bills, executed inhibition against the pursuer.
Procedure was sisted in the maills and duties, and consignation of the rents ordered. Issues were prepared in the reduction, and the cause put down for trial during the ensuing Christmas recess.
The Court ordered mutual minutes, containing the authorities relied on by the parties respectively.
The Court , in respect of the special circumstances of this case, found that it was necessary that the pursuer should sist a responsible mandatary.
Lord Ordinary, Moncreiff. Act. H. J. Robertson. Alt. Sandford. H. Graham, W. S. and A. M. Anderson, Solicitor, Agents. Mr Russell, Clerk.
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