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Theodore Morison of Bognie v The Earl of Leven. [1713] Mor 5181 (20 February 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor1305181-016.html Cite as:
[1713] Mor 5181
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. II.
After twenty years, warrants need not be produced.
Theodore Morison of Bognie v. The Earl of Leven
Date: 20 February 1713 Case No. No 16.
In a reduction of a decree of constitution against a person charged in general to enter heir, certification against the general charge and executions thereof, was refused after twenty years.
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In the reduction and improbation at the instance of Bognie against the Earl of Leven, for sweeping away all rights affecting the estate of Frendraught; the Lords, upon a report made by the Lord Arniston, found, 1mo, That a decreet of apprising recovered from a third party, and produced ad modum probationis in a decreet of constitution, against one as charged to enter heir in general, was not to be considered as a ground and warrant of the decreet; so that in a reduction and improbation of the decreet of constitution, and an adjudication following thereon, the adjudger was not bound to produce that apprising which was the right of a third party, in which the adjudger had no interest; and therefore the Lords refused to grant certification against the decrect of apprising. 2do, The Lords refused to grant certification against a general charge to enter heir, with the executions thereof after 20 years, conform to the decision, Brown contra Hume, No 7. p. 5169; as after so long time there is no necessity of producing a summons of adjudication with the executions thereof.
