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Ld. Monereiff. F. , Lord Justice-Clerk , Lord Glenlee , Lord Meadowbank , Lord Medwyn .
Earl George having died in 1834, the pursuer Randolph, Earl of Galloway, his son, expede a general service as nearest and lawful heir-male of tailzie and provision to him, in terms of the three several deeds of entail, and also as nearest and lawful heirs-male of tailzie and provision, in terms of the disposition in 1827. Having thus acquired right to the unexecuted procuratory and precept in the disposition, he was infeft upon the precept in the whole lands therein contained.
Lord Medwyn .—I agree. I do not admire these consultations coming upon us ab ante. If it is thought that this is the same as the Gartmore case, let the pursuer proceed. Valuable as the action of declarator is, I do not think this is a proper use of it. We should in this way have declarators as to entails and all kinds of deeds. I think something ought to be done , before we are called upon to decide a question of validity. I am against telling a party beforehand that he will be right if he do this, and wrong if he do that.
Solicitors: J. Russell , C.S.— Walker , Richardson , and Melville , W.S.—Agents.
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