Premonition by a procurator sustained, though it did not bear that the procuratory was shown.
Click here to view a pdf copy of this documet : PDF Copy
Mr John Veitch, as assignee by John Edgar of Wedderlie to a reversion, pursues declarator against Byel of Bassinden, the wadsetter, who alleged, Absolvitor, because the premonition is null, being by a procurator, and not bearing the procuratory produced, neither the pursuer's assignation to the reversion. The pursuer answered, Non relevat, unless it were alleged, that they had been demanded at that time, and had not been shewn; 2do, If need be, he offers him to prove, by the defender's oath, that the procuratory was then shown. The defender answered, The procuratory is not yet produced, and the pursuer was obliged to have shown it then, albeit not called for.
The Lords sustained the order, the pursuer re-producing the procuratory, and proving by the defender's oath, that the procuratory was then shown.
Fol. Dic. v. 2. p. 212. Stair, v. 1. p. 83.
*** The Lords refused to sustain an order of redemption to be proved by witnesses, 12th January 1677, Jaffray against Wamphray, No 19. p. 3630 voce Escheat; and No 16. p. 8340. voce Litigious.
