Sir Alexander Home of St Bathanes v. Orr and Pringle
Date: 3 January 1662 Case No. No 84.
Certification was not granted against writs in favour of a defender's atuhors tho' the writs were alleged to be in the defender's hands, and the authors were denuded.
Click here to view a pdf copy of this documet : PDF Copy
Sir Alexander Home of St Bathanes, having pursued improbation and deduction upon inhibition against John Orr and Walter Pringle, and insisted for all writs of the lands in question, made to the defenders’ predecessors and authors of the lands in question; and the defender having alleged no process for writs made to his authors, unless they were called; and having condescended particularly on the authors to be called, the pursuer offered him to prove, that the authors were fully denuded in favours of the defender, and that the writs were in the defender's own hands. The defender answered, non relevat, though they were in his hands, because his authors being liable for warrandice, ought to be called to defend their own rights. The pursuer answered, The defender might intimate to them the plea. The defender answered, He was not obliged to intimate the plea; but the pursuers to call the authors. In this case, the summons was sustained for his authors' writs, in anno 1659; and now the pursuer insisting for the defender taking a second time to produce, the defender having a review of the said act and interlocutor,
”The Lords reponed the defender, and would not sustain the pursuit or act as to the authors’ rights uncalled.”
