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Scottish Court of Session Decisions >>
Henderson v Henderson. [1672] Mor 6755 (20 June 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor1606755-177.html Cite as:
[1672] Mor 6755
In an improbation, where a term was circumduced for not abiding by the writ, it was declared to make no faith, as if it had not been produced.
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In an improbation betwixt Henderson and Henderson, the production being satisfied, and the writs produced, there was a term assigned to the defender to compear and abide by the same; and the defender not compearing, and the term circumduced, it was proposed to the Lords what should be done thereupon, whether the writs should be improven simpliciter upon that evidence, that the user thereof would not bide by the same, so as to infer a forgery, or if further evidence behoved to be made use of.
The Lords found, That decreet ought to follow thereupon, as upon the certification implied in the act for biding by, that they should make no faith in the same manner as in a certification for not production.
Fol. Dic. v. 1. p. 457. Stair, v. 2. p. 85.*** Dirleton reports the same case:
A bond being produced to satisfy the production in an improbation, the Lords, without further probation, did improve and decern quoad the defender, in respect he refused to abide by the truth of the same.
