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Forrester v Jardene. [1577] Mor 5191 (10 December 1577)
URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor1305191-021.html Cite as:
[1577] Mor 5191
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. III.
Production in Reductions and Improbations.
Forrester v. Jardene
Date: 10 December 1577 Case No. No 21.
The Lords refused to reduce a decree, pronounced 18 years before, for not production of the warrant on which it proceeded.
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Robert Forrester, Provost of Stirling, persewit the Laird of Jardene to hear and see ane decreet past upon ane warning reducit; and callit to produce the precept of warning, whereupon the said decreet proceedit, the whilk was above the space of 17 or 18 years since, and since the decreet was given; and allegit in his summons, with the execution of the decreet, was false and fenziet, and being produced, he would improve the same.—It was answerit be Jardene, He was not obligit, and could not produce the said precept, in respect it was so long a time bygone, and that the same, with ane process, being in the clerk's hands, could not have been kept so long time.——The Lords found, That quia fuit in facto antiquo, they would not reduce the said decreet for non-production of the precept of warning.
