Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
1676.
January.
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Where improbation is raised of a writ, and the defender in the improbation raises an action for proving the tenor of that writ, and condescends on the casus amissionis; the dependance of the action anent the tenor will scarce be relevant to stop certification in the improbation. So Hadinton, anno 1612, decisione 518; item 592, foliis 59 et 67.
2do, It is queried, If a special service, without a general, gives a man right to heritable bonds, upon which no infeftment has followed; and if a special service, tanquam majus, contains a general service sub se tanquam minus, L. —. D. de Regulis Juris.
3tio, Of old, and through all the tract of Dury's Practiques, an apparent heir got always exhibition of all writs whatsoever, for inspection ad deliberandum; but now the Lords have restricted and explained it, by their decision in 1662, between Tailfer and Shaw of Sornebeg. See it in Craigie's Collection, folio 68; in Stair's System, tit. —. Of heirs, §—; and in his Decisions,——, 1662; supra, 14th July 1671, No. 221
