In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.
Nithsdale v. Westraw
Date: 29 February 1628 Case No. No 113.
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Certification was granted against retours although they may be had in the Chancery which is a public register, because certification can be granted against any infeftment, if not produced, although it may be had in the register of the director of the Chancery, much more against retours.
Certification was refused to be granted against retours or services before the year 1544, (at which time the registers were burnt by the English), i. e. all retours and services which the defender will make faith, are not in his own hands.
Fol. Dic. v. 1. p. 447. Durie. Spottiswood.
*** This case is No 25. p. 5192.
*** The same case is mentioned by Kerse:
In improbations no production of retours before the year of God 1550, except they granted the holding of them. Item, found that the act of prescription by retours after three years is not extended to improbations.
