Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. V.

In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.

Erskine
v.
Renton

Date: 21 March 1632
Case No. No 115.

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The Laird of Wedderburn, the Lord Erskine and others, pursued an improbation of an inhibition raised by the Laird of Renton against Sir George Home of Manderston. The defender having produced the extract of the inhibition with the principal executions, the pursuer alleged, the extract could not satisfy the production in respect of the act of Parliament 1581, cap. 119. Yet the Lords sustained it, as they had done before between Sir James Dundas and Symington of Howburn.

Fol. Dic. v. 1. p. 448. Spottiswood, (Improbation.) p. 169. *** Kerse reports this case:

Found that the double of an inhibition satisfies the production in an improbation, notwithstanding of the act of Parliament 1581, which requires the principal to be produced.

This same found betwixt James Dundas and Howburn.

Kerse, MS. fol. 206.