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Bogle v William Anderson. [1683] Mor 5192 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1305192-024.html Cite as:
[1683] Mor 5192
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. III.
Production in Reductions and Improbations.
Bogle v. William Anderson
1683.
January. Case No. No 24.
A procuratory for using an order of redemption, must be produced in a reduction, even after 20 years.
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In an improbation, certification being craved against a procuratory for the using an order at a second appriser's instance against the first,
Alleged for the defender; That the instrument mentions the procuratory; and procuratories are not looked upon as necessary to be kept more than precepts of warning; and now it is 20 years since the granting of the procuratory in question; and the defender offers to make faith, that such a procuratory was truly given.
Answered; The procuratory being an essential part of the order, it ought to be produced; and if there was no procuratory, there could be no order. Now here the notary to the instrument has given a declaration under his hand, that the order was false, and forged by himself; and has fled away from justice.
The Lords granted certification against the procuratory; but superseded extracting till the 20th March; and allowed the proving of the tenor of the procuratory incidenter.
Fol. Dic. v. 1. p. 354. Harcarse, (Improbation & Reduction.) No 534 .p. 148.
