Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. III.

Certification, its Nature, Stile, and Effects.

James Hill and Logie,
v.
Margaret Gardner and Others

Date: 19 January 1694
Case No. No 89.

Decree of certification, declaring writs void and null, imports no more than a certification in a simple reduction, although improbation be libelled.

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In the case of James Hill and Logie, against Margaret Gardner and other feuers of Hamilton of Parkly; the Lords found a decreet of certification, declaring the writs void and null, imported no more but a certification in a single reduction; though it was alleged, That the improbation was libelled in the summons, as well as reduction; and that both in the English time, and some time after the restitution, (and this was in 1665,) the stile of improbation bore no more, except where actually the writ was improven, and then it bore also that the Lords found it to be false and feigned. But the Lords considered, that certifications in improbations, sweeping away men's rights in absence, and for not production, were not so favourable as to be extended and supplied, where they were not expressly contained in the decreet, and therefore they reponed the parties, albeit now after 27 years.

Fol. Dic. v. 1. p. 447. Fountainhall, v. 1. p. 595.