Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 30 March 1686

Francis Kinloch
v.
Hay of Monkton and his Brother

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Francis Kinloch gives in a petition against Hay of Monkton and his brother, craving the certification extracted by them contra non producta may be recalled, seeing he had offered to prove, by Monkton's oath, that he had papers in his hands, which in græmio excepted Francis Kinloch's lands, and he did not produce the papers themselves, but only deponed that his disposition excepted the back-tenement, but not the fore one.

The Lords would not recal the certification.

Vol. I. Page 412.