A disposition to a party's parent being challenged, the party offered to abide by qualificate, because granted before she was born. Obliged to abide by simply.
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In the improbation pursued by Charles Fleeming of Dalquharn, against Margaret Nisbet and John Veitch her husband, of a disposition granted to her father by Mary Sinclair, relict of Captain Ross in England, it was contended for her, That she ought not to be obliged to abide at the said writ simply, it being granted before she was born, and made use of by her father in his lifetime, and not then quarrelled as false; and that in July 1661, betwixt Lamberton and the Earl of Leven, No 174. p. 6753.; and in January 1666, Graham contra Brian, No 175. p. 6754; the Lords permitted them to abide at them only qualificate, that they found them among the predecessor's papers, or being assignees, that they were truly delivered to them as real honest writs. But the Lords considered, that the decisions since that time have expressly required that they should simply abide at the deed, otherwise falsities might easily escape punishment, by assigning the mover to another, and the act of Parliament 1621, cap. 22. speaks of users as well as forgers; only the Lords are in use to allow them to protest for what qualities they please, and to adduce what instructions they can, either to exculpate and alleviate, or to take off their accession in toto. See Young against Hay, No 195. p. 6766. Some of the Lords thought this severe, where the writ had been produced several years in processes in their father's time, and never then quarrelled. But in regard this defender Nisbet was minor, and had neglected to take out her diligence for proving her articles of approbation, they did prorogate the term to her for executing the incident formerly granted.
Fol. Dic. v. 1. p. 455. Fountainhall, v. 2. p. 83.
