Summary application, by a substitute in an entail, for recording the same in the register of tailzies, incompetent, when the entail is not produced.
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The petitioner set forth, “That she was a substitute in an entail affecting the lands of Leuchat: That this entail, though executed of the 19th of December, 1678, and the title upon which the estate had always been possessed, had never been recorded in the register of tailzies,” and concluded “for service of the petition upon James Spittal, the heir in possession, for an order upon him to produce the deed of entail, and for a warrant for recording the same in terms of the statute 1685.”
The petititioner referred to a decision, No. 135. p. 15605. where an application of the same nature was camplied with, upon production of a copy of a deed of entail, nowise authenticated.
In this case, the Court refused the petition, as incompetent.
