In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.
Doctor Hay v. Marjory Jameson
Date: 15 June 1671 Case No. No 121.
Found in conformity with the above.
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In an improbation of two bonds, pursued at the Doctor's instance against the relict and heir of Mr John Alexander, for stopping certification, there was produced a bond, registered in the Commissary books of Aberdeen, with an extract of a decreet for payment of the sum contained in the other bond called for, with a declaration under the Commissary Clerk's hands, bearing, that he had the registers wherein the said bonds were inserted; but that he was informed the principals were burnt and destroyed, when the Marquis of Montrose and Marquis of Huntly took the town of Aberdeen, during the late troubles; and thereupon they did allege, That no certification could be extracted. It was replied, That the extract out of the registers of any inferior Court could not hinder certification, as it was found lately, in an improbation pursued against Mr Robert Balfour, No 120. p. 6693, where it was there offered to be proved, that, by the invasion of the English, the registers were carried away, and destroyed, where the Lords did sustain, that that was only relevant where bonds or decreets were extracted out of the registers of the Lords of Session. The Lords did ordain the certification to be extracted, notwithstanding of the allegeance, and declared they would do so in all such cases.
Fol. Dic. v. 1. p. 449. Gosford, MS. No 350. p. 169.
*** The first part of the case following is to the same effect with the above.
