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Heritable property – Forged disposition – Reduction. Court of Session: Allowing a reclaiming motion by a pursuer who challenged the Lord Ordinary's refusal to grant decree of reduction of a forged disposition, the court held that the Lord Ordinary erred in law by adopting the approach of an exercise of discretion: the deed was null and of no effect, and the pursuer was entitled to decree of reduction. In any event, the court would, had the issue arisen, have interfered with the exercise of the Lord Ordinary's discretion.
Heritable property – Forged disposition – Reduction. Court of Session: Allowing a reclaiming motion by a pursuer who challenged the Lord Ordinary's refusal to grant decree of reduction of a forged disposition, the court held that the Lord Ordinary erred in law by adopting the approach of an exercise of discretion: the deed was null and of no effect, and the pursuer was entitled to decree of reduction. In any event, the court would, had the issue arisen, have interfered with the exercise of the Lord Ordinary's discretion.
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