Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Sir James Ramsay of Benholme v. Eleis
1670.
June29, and
July6.
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June 29.—This was a reduction of a comprising, because the same was led contra non habentem potestatem, viz. against one denuded of the property of the lands, in favours of the pursuer's author, long before the leading of the apprising; and of an inhibition quoad the reducer, because the disposition was made to his author, before the inhibition was executed at the market cross of the sheriffdom where the lands disponed lay.
Advocates' MS. No. 41, folio 77.
July 6.—In this reduction they had another reason besides that above set down, viz. that no respect could be had to the apprising nor inhibition, because there was a decreet of certification granted against the bond which is the ground both of the inhibition and apprising, for not production, and so all that followed there upon must fall in consequentiam.
Answered,—That the said bond being registrate before certification was granted, an extract of it was produced, which appears by the minutes; and so the certification was unjustly granted. Replied, it was not enough to produce the extract, but they should have produced the principal; at the least, if it was registrate in the books of Session, they should have given in a note of the date of it.
My Lord Stair Found the principal needed not to be produced, it being registrate, and that the extract satisfied the production, as well as a note of the date would have done, seeing it was the equivalent; and therefore annulled the certification.
