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Mr William Irvine of Woodhouse v Grahame of Mossknow. [1693] Mor 5196 (2 February 1693)
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[1693] Mor 5196
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. V.
Grounds and Warrants of Decrees.
Mr William Irvine of Woodhouse v. Grahame of Mossknow
Date: 2 February 1693 Case No. No 29.
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The Lords found a defender, in a reduction and improbation, was not obliged to produce any other grounds and warrants of the decreet craved to be reduced, but only such as had been their own proper evidents and writs, and produced by themselves in modum tituli or otherwise; as for instance if I obtain a decreet on a bond, if that decreet be afterwards quarrelled by a reduction, I am bound to produce that bond, else he will get certification against it; but if they be writs by which I proved the passive titles on the defender, or by which I proved he acted as tutor, (as in this case) and which I recovered out of third parties hands, I am not bound to re-produce these, when you call for them in a reduction of the decreet. Besides that here, I find Bonshaw is found liable as tutor by the decreet, but non constat whether it was by a nomination accepted, or by discharges to tenants, or other deeds, that proved his being tutor.
Fol. Dic. v. 1. p. 355. Fountainhall, v. 2. p. 553.
