Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. IV.
Grounds and Warrants of Apprisings.
Little v. Earl of Nithsdale
Date: 20 January 1665 Case No. No 26.
Certification is not sustained against an apprising, if the infeftment thereon be produced.
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Little pursues an improbation and reduction against the Earl of Nithsdale, of the rights of some lands, wherein the Lords sustained the pursuer's interest on a comprising and charge without infeftment, and though the apprising was on Little's own bond, simulate and assigned to himself; and found such deeds might make him liable, as behaving as heir, if he intromitted, and were sufficient titles any other way.
The Lords also found, That certification ought to be granted against retours and charters, though in public registers, but not against writs registrated in the books of Session, the date being condescended on by the defender; was sustained against all writs granted to the defender and his authors; but such as seem to represent them are called; not against writs granted by the pursuer, his predecessors, or authors, but only his predecessors, to whom he doth succeed jure sanguinis, and such authors as he produces right from; but they would not admit certification against apprising, if the infeftment thereupon were produced. See Improbation.
