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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Deans v Oswald. [1682] Mor 6719 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1606719-145.html
Cite as: [1682] Mor 6719

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[1682] Mor 6719      

Subject_1 IMPROBATION.
Subject_2 SECT. VI.

Title to Exclude. - When Proponable. - What Title Sufficient. - What the Effect.

Robert Deans
v.
Oswald

1682. February.
Case No. No 145.

Click here to view a pdf copy of this documet : PDF Copy

In a reduction and improbation at the instance of a posterior against a prior appriser, the defender having produced his apprising, the pursuer craved certification contra non producta.

Alleged for the defender, No certification can be granted contra non producta, in respect the defender hath produced sufficiently to exclude the pursuer's title, viz a prior though unexpired apprising; just as a prior infeftment would the title of a posterior, although it might be more doubtful if his apprising could be obtruded against a postesior right of the lands by disposition and infeftment.

The Lords found there could be no certification contra non producta; but that they might reason on the production.

Harcarse, (Improbation and Reduction.) No 525. p. 145.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1606719-145.html