An extract of a comprising given by the clerk thereto, was found a sufficient active title.
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In a spuilzie at the instance of Sir Robert Ker against the Minister of Ancrum, a comprising produced of the tack of the teinds of that parish being quarrelled, because it was not the principal comprising, authorised with the seal of the comprisers, and subscription of the Judge; neither was it warranteds as transumpt, decerned to be doubled by a sentence of a Judge, but was only extracted by the clerk to that comprising, whose extract ought not to have faith, that being no ordinary nor public judgment; and the clerk being but a private person, after the comprising was ended, he could not, at his own hand, without a greater warrant from a sovereign Judge, effectually copy or extract the same, to produce action thereon, as an authentic writ. This allegeance was repelled, and the comprising so extracted sustained, as sufficient to produce action.
Act. Stuart.Alt. ——.Clerk, Hay.
Fol. Dic. v. 2. p. 250. Durie, p. 311.
