Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. III.

Certification, its Nature, Stile, and Effects.

Lady Borthwick
v.
Her Vassals

Date: 13 February 1627
Case No. No 78.

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In improbations pursued by liferenters, the certification is restricted to the pursuer's interest, i. e. albeit the writs called for be decerned to make no faith in that process, it is only meant in so far as may prejudge the liferenter, and will not benefit the heritor.

Fol. Dic. v. 1. p. 453. Spottiswood, (Improbation.) p. 165. *** This case is also reported by Auchinleck.

In an improbation pursued at the instance of a liferenter, the certification being general in the summons, is restricted by the Lords only for bruiking of the liferent.

Item, no certification was granted by the Lords at the instance of the Lady. Borthwick for writs made by her husband, father, or goodsire, except she condescend, that her umquhile husband was heir to them, and not apparent heir active et non passive, as charged to enter heir.

Auchinleck, MS. p. 90.

*** See Durie's report of this case, No 4. p. 25. See No 23. p. 6626.