Who must satisfy Production. - What terms allowed for Production. What incumbent on the Defender. - What his Privileges.
Scot of Bassenden v. -
1685.
November. Case No. No 107.
Click here to view a pdf copy of this documet : PDF Copy
In an improbation, compearance to stop certification by production being made for one who pretended to be apparent heir to the defunct, whose writs were called for,
It was alleged for the pursuer; That such a one had no interest to produce writs to stop the certification, he neither being heir served, nor his apparency notour.
Answered; An apparent heir has interest to stop certification; and the defender offers him to prove, that he is holden and reputed sanguine proximus to the defunct, who died many years ago ultra bominis memoriam.
The Lords allowed the probation ad hunc effectum; and it being proved, that the defender was holden and reputed sanguine proximus to the defunct, they sustained his interest to produce what writs he could to stop certification.
Harcarse, (Improbation and Reduction.) No 562. p. 156.
