Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Administrators of Heriot's Hospital v. Robert Hepburn of Bearford
Date: 22 December 1693
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The Lords found the pursuer's infeftment, in a ground annual out of the tenement called Robertson's Inn, was a sufficient title whereon to call in a reduction and improbation for the rights of property; seeing it was only to this effect, To remove all impediments out of the way why they might not poind the ground for his annualrent. But, whereas the Hospital insisted for production of his progress of writs in that tenement from the Bishop of Dunkeld, whom he disclaimed to be his author, the Lords found he was obliged to produce no writs, for satisfying the production in the reduction, but those that flowed from their common author. But, quoad the improbation, it was not a good defence that his rights flowed from the Earl of Crawford, as donatar to Crighton's bastardy; and so not from the Bishop of Dunkeld, the mortifier of the pursuer's annualrent; which Bishop he denied was ever heritor of this tenement: for, seeing they offered to improve them as false and feigned, he behoved to produce all upon his peril, else certification would pass. And as to the declarator, sustained it, as accords.
