Title to Exclude. - When Proponable. - What Title Sufficient. - What the Effect.
Robert Deans v. Oswald
1682.
February. Case No. No 145.
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In a reduction and improbation at the instance of a posterior against a prior appriser, the defender having produced his apprising, the pursuer craved certification contra non producta.
Alleged for the defender, No certification can be granted contra non producta, in respect the defender hath produced sufficiently to exclude the pursuer's title, viz a prior though unexpired apprising; just as a prior infeftment would the title of a posterior, although it might be more doubtful if his apprising could be obtruded against a postesior right of the lands by disposition and infeftment.
The Lords found there could be no certification contra non producta; but that they might reason on the production.
Harcarse, (Improbation and Reduction.) No 525. p. 145.
