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Scottish Court of Session Decisions >>
The Elarl of Home v His Vassals. [1680] 3 Brn 380 (10 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030380-0518.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Elarl of Home v. His Vassals
Date: 10 December 1680
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In the Earl of Home's reduction and improbation against his vassals; alleged for some of them,—I cannot take a term to produce any writs but those granted by yourself, seeing you produce nothing but a seasine in your own person which does not proceed upon a retour, (for that would also instruct that your predecessor was infeft,) but upon an adjudication led against yourself, as lawfully charged to enter heir, by Sir Andrew Ramsay of Abbotshall, and now returned in your own person.
This being reported, the Lords found the defence relevant; and that, by virtue of his title in process, the defenders were not obliged to produce any older rights than such as were granted by himself; (and if they had none such, then the certification would do them no hurt;) unless he would produce charters, retours, and seasines standing in his author's and predecessor's persons; in which case, the defenders behoved to produce all posterior rights, unless they excluded him by an older right.
But if it once appear, by their own production, that he is their superior, then he will force them to produce to him all their rights.
