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Scottish Court of Session Decisions >>
Bannatyne v Rome and Others. [1673] Mor 6718 (00 January 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor1606718-143.html Cite as:
[1673] Mor 6718
Title to Exclude. - When Proponable. - What Title Sufficient. - What the Effect.
Bannatyne v. Rome and Others
1673.
January. Case No. No 143.
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Bannatyne having pursued reduction and improbation against Rome, and and craving certification, the defender alleged no certification, because he had produced sufficiently to exclude the pursuer's title, by rights anterior to his. It was answered, that albeit the allegeance be relevant in a reduction, yet in an improbation where a reason of falsehood is alleged against all the writs, it is not sufficient.
The Lords sustained the defence, the defender proponing the same peremptorie, so that if the pursuer should improve these writs, there could be no further terms for the defender to produce any other writs.
