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Sir John Hall of Dunglass v Sir Robert Baird of Saughtonhall. [1694] 4 Brn 156 (16 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040156-0358.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir John Hall of Dunglass v. Sir Robert Baird of Saughtonhall
Date: 16 February 1694
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In a question, between Sir John Hall of Dunglass, provost of Edinburgh, and Sir Robert Baird of Saughtonhall, about a certification contra non producta in an improbation, Whether an apparent heir might defend upon production of his predecessor's right, without producing any right in his own person;—it was granted he could do it in possessory actions of maills and duties, and the like, but not in petitory ones.
The Lords found he might also defend in improbations; and that there could be no certification against him, if he founded on his author's title and right to the goods.
