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Scottish Court of Session Decisions >>
Bannatyne v The Creditors of John Rome. [1675] Mor 6742 (17 February 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1606742-162.html Cite as:
[1675] Mor 6742
Grounds of Reponing against a Decree of Certification.
Bannatyne v. The Creditors of John Rome
Date: 17 February 1675 Case No. No 162.
After a decree of certification had been extracted, the defender was reponed on production of the deed called for, in respect his advocate was sick at the time of the certification.
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John Bannatyne having pursued a reduction, ex capite inhibitionis, of all rights granted by John Rome, after he was inhibited, one of the creditors produced a registrated bond and inhibition anterior to the pursuer's inhibition. The pursuer replied, That he had extracted a decreet of certification upon the 10th day of December 1673, upon this process, containing both improbation and reduction, whereby this bond and inhibition are improved. It was duplied, That the certification was obtained, and taken out, when Mr Robert Dickson, who was only for this defender, was sick of a disease, of which he died in January 1674, as is notour to the Lords.
Whereupon the Lords reponed the defender against the certification, providing the principal bond were produced out of the registers betwixt and Saturday next.
