Pursuer Christian Macfarlane sought to recover a portion of land at Letter that had belonged to her father, Donald Macfarlane. Mrs. Macfarlane claimed that her uncle, David Hoome Stewart, had fraudulently obtained the land, which eventually devolved to defender Sophia Hoome. In the course of the proceeding, the Lord Ordinary granted a “diligence” (a type of writ) allowing the pursuer to discover writings related to Mr. Stewart’s dealings in the matter. Miss Hoome’s representatives claimed that this discovery would be prejudicial to her interests. Moreover, they argued that the court should not allow the discovery before considering whether the action was barred by certain agreements, including a marriage contract, alleged to discharge Mrs. Macfarlane’s claim to the land.
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