A decree of certification found null, against a party, though marked at compearing, because there was nothing libelled, requiring him to produce his writs under certification.
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The Earl of Queensberry pursues a reduction of the Earl of Annandale's rights of the barony of Torthorrel, and especially of the lands of ———, &c. a part of the barony, upon this reason, that, in anno 1619, the pursuer's author had obtained certification against the Lord Crichton, then heritor of these lands, then compearing. It was answered, That the Lord Crichton was not called in that process; and though he be mentioned, ‘compearing by an advocate,’ yet there is no interest produced for him, nor was he summoned to produce any writs; yea, though he had compeared, and produced an interest, and had disputed against the pursuer's title, as a sub-vassal and creditor might do, yet nothing being libelled requiring him to produce writs under certification, the certification against him was ultra petita, and so null.
Which the Lords sustained, and would not sustain the certification, the heritor not being called to produce, though he be marked compearing.
