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The active title in an improbation being an infeftment in the year 1621, and the defender, to satisfy the production, having produced a charter and sasine in anno 1622, relative to an apprising before the year 1621, by virtue whereof they had been in possession of the lands from the year 1646,
The Lords granted certification unless the apprising were also produced, viz. the decreet of apprising with the grounds and warrants, (but not the executions after so long a time) seeing the defender could not allege 40 years possession by virtue of that infeftment. Here the defender did not offer to prove the tenor of the apprising, or to debate on his production as sufficient.
Harcarse, (Improbation and Reduction.) No 527. p. 146.
