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Duke of Lenox v Inhabitants of St Andrews. [1614] Mor 6683 (16 December 1614)
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[1614] Mor 6683
Who must satisfy Production. - What terms allowed for Production. What incumbent on the Defender. - What his Privileges.
Duke of Lenox v. Inhabitants of St Andrews
Date: 16 December 1614 Case No. No 97.
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In a reduction and improbation pursued by the Duke of Lenox against the Inhabitants of St Andrews, for reduction and improbation of a feu set in anno 1555, by James, Prior of St Andrews, to them, the Lords found, they would give certification against the persons summoned, albeit some of the persons to whom the feu was granted were not summoned. Ratio, because it divided acres in duty and in clause irritant; but this was well hard for the improbation, for so it could follow, that the evident whilks to be improved, shall be improved for some and not for the hail.
Kerse, MS. fol. 205.*** Haddington reports the same case.
In the action pursued by the Duke of Lenox, Lord of the priory of St Andrews, against the Feuers of the acres of St Andrews, for improbation of their infeftments, and reduction of their feus upon clauses irritant, the Lords found, that they would grant the certification against the parties called for, decerning their general charter granted to the hail number of the feu of their lands to make no faith for not production, notwithstanding that some of the particular feuers were not called; because they would grant the certification, that that charter should make no faith against the parties called and not producing, in pænam contumaciæ, with express declaration, that the certification should not prejudge the parties, who were not called, and so were not contumacious.
