Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Laird of Rankeillour
v.
Ford

Date: 19 January 1630
Case No. No 34.

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The Laird of Rankeillour pursues Ford, and his son and apparent heir, for his interest, for production and improbation of certain writs. During the dependence the father deceases. Rankeillour craves certification against his son, who alledged no process, because his father was dead, and he only called for his interest. To which it was replied, That, since the decease of his father, he had compeared for his interest, and had both produced certain writs called for, and had taken days for production of more. The Lords ordained the Lord Reporter to grant him a day to produce, and to get the defender's consent thereto, otherways they could hardly get certification against him upon this summons, wherein he was only called for his interest.

Auchinleck, MS. p. 96.