Reduction Improbation – Union – The defenders in a reduction improbation having objected to the pursuer’s infeftment. which was taken at the Castle of Banff, by dispensation in a charter of 1625, that by a posterior charter that cattle was disjoined from the barony; the Court found that objection not relevant to hinder the taking of terms for production, reserving this matter after production: but their judgment is reversed.
The defenders made another objection, that the pursuer claimed under a charter to heirs male, whereas a subsequent charter, as they offered to prove, had been granted to heirs general. The Court gave the same judgment on this objection as on the former, but their judgment is also reversed:
And it is ordered, that in the further progress of the cause the Court do not oblige the appellants to take a term for production until the pursuer make out his title upon which he founds his suit
Sasine – The Court having repelled an objection made to a sasine written tookways, that the witnesses had only signed the last page; the judgment is reversed.
[1725] UKHL Robertson – 525, (1725) Robertson 525
Bailii
Scotland
Updated: 05 January 2022; Ref: scu.554122