An adjudication against an apparent heir upon his own bond, purchased in by him, not sufficient title, to improbate deeds affecting the lands, granted by his predecessors, unleesdeir infeftments be produced.
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The Laird of Cessnock having adjudged from Sornbeg all right that might be competent to him of the lands of Foulsheils, he assigns the adjudication to this Sornbeg, who being thereupon infeft, pursues improbation and reduction of all rights granted by Sornbeg's father, goodsir, or grandsir, of the lands of Foulsheils to Watt or his authors, whereupon he craved certification.—The defender alleged no certification, because he produced an infeftment of Foulsheils anterior to the pursuer's infeftment; and the pursuer had no interest to crave certification of writs granted by his father, goodsir, and grandsir, unless he produce their infeftments; otherwise any man, upon an adjudication, which passeth of course, of all lands the adjudger pleuseth to insert, assigning the same to the apparent heir, against whom the adjudication was deduced, may compel all the heritors of these lands to produce to him their rights made by any of his predecessors, without instructing that any of his predecessors were ever infeft.—It was answered, That the pursuer, by the adjudication, is in the same condition as to this process. as if he were served and retoured heir to his predecessors, in which case he might quarrel all the writs pretended to be made by his predecessors as false.—It was replied, That albeit an heir served hath interest to improve an obligement or personal right, because he may be therewith distressed; yet he cannot quarrel a real right by infeftment; unless he produce his predecessors infeftment, and his own infeftment as heir to him.
The Lords would admit no certification till the predecessors infeftments were produced.
