Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. V.

In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.

Theodore Morison of Bognie
v.
The Earl of Leven

Date: 24 November 1713
Case No. No 134.

A defender in an improbation having given in a condescendence of writs in publica custodia, after extracting the act for the first term, but before extracting an act for the second, the Lords allowed it to be received to stop certification.

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In the reduction and improbation at the instance of Bognie against the Earl of Leven, the Lords allowed a condescendence of writs in publica custodia, offered by the defender, after extracting of an act for the first term, before an act for the second term was extracted, to be received to stop certification; because, so long as any term for production was current, the pursuer had time to search whether the writs called for were so registrated, and to get a warrant for transmitting the principals, if he had use for them; and if the writs in the condescendence were not upon record, he might extract his act and crave certification.

Fol. Dic. v. 1. p. 448. Forbes, MS. p. 5.