In a reduction, the defender producing a right exclusive of the pursuer's light, this was found to stop certification.
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Alexander Cuthbert having apprised the barony of Mey from Sinclair of Mey, pursues reduction and improbation against the Lady Rattar and others. The Lady produceth two other apprisings, and an infefment upon one of them, granted by the Bishop to Caithness, with Mey the common debtor's own infeftment, held of the Bishop, and allegeth, No certification contra non producta, because she instantly verifies a right exclusive of the pursuer's title, who, though he have a prior apprising, yet hath unwarrantably taken infeftment of the King, who is not immediate superior. It was answered, That the competition of rights was only proper at the discussing of the reasons of reduction.
The Lords sustained the defence, being exclusive of the pursuer's title, and instantly verified.
