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Avoidance of a deed on proof of forgery, or of other legal ground.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Improbation

Case Date Legal Subject Abstract
Ballingall v. Ogilvie 1769 Debt, Adjudication, Inhibition, Bankruptcy, Improbation, Succession John Ballingall, Writer in Dundee, pursued John Ogilvie of Rochelhill, objecting to an inhibition and minute of sale. Ogilvie answered the petition, and subsequently submitted a condescendence accounting for debt and expenses while claiming to investigate Ballingall's payment.
Dickie v. Lord Henderland's Interlocutor 1789 Reduction, Succession, Improbation, Feu duties, Disposition, Liferent Patrick Dickie, eldest lawful son of William Dickie and pursuer, petitioned the Court to alter its recent interlocutor against Lord Henderland. Based on the single document cataloged for this case.
Fleming and Elphinston v. Fleming and Grant 1766 Adjudication, Improbation, Succession, Prescription, Title, Reduction This case involved competing claims to the title of the lands of Board and a dispute over the validity of Robert Fleming's descendence from the Flemings of Board. In 1758, Robert Fleming and his trustee John Grant brought an action of reduction against Lady Clementina Fleming to revoke her rights to the lands of Board. In 1761, Lady Clementina and her husband Charles Elphinstone initiated this counter-suit and brought an action of reduction against Robert Fleming and John Grant, in which they claimed that Robert Fleming was an illegitimate heir of the Flemings of Board and therefore had no claim over the lands of Board under dispute.
McHarg v. Dunn 1771 Debt, Estate, Bill of Exchange, Interest, Improbation, Sasine Pursuer Agnes McHarg sought to collect from defender William Dunn on a bill payable to her late husband, Alexander McCredie. Dunn challenged the authenticity of the bill, relevant dates, and the rate of interest. McHarg maintained the bill was authentic and properly dated from 1748. McHarg also cast doubt on Dunn's testimony and allegations.
McNish v. Scougal and Ogilvy 1787 Witness, Deed, Reduction, Cautioner, Improbation, Act of Parliament John M'Nish pursued the reduction of a bond of caution he had granted to Messrs Scougal and Ogilvy, merchants in Leith, contending that the deed was void for lack of witnesses to his subscription and because he had not acknowledged his signature at the time of execution. Scougal and Ogilvy argued that the bond remained valid despite M'Nish's denial and the absence of attesting witnesses. The parties filed opposing informations regarding the formal validity of the instrument.

Documents discussing this subject (28)