BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
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
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.
