Holding how proved. - What proof that a decree had been extracted.
King's Advocate v. Ld of Houston.
Date: 16 June 1543 Case No. No 574.
A blench-holding found not relevant to be proved by retours, but only by charter and sasine.
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The Lords retreated the Laird of Houston's retour of the lands of ——, because the assize saw no charter of blench-holding of the lands, but two or three retours eighty years old, making mention that they were holden blench; and also the superiors thereof, viz. the Lairds of Calder and M had not their precepts of sasine conform to the retours of blench, and therefore domini superiores videbantur confessi tacite terras easdem in albam firmam teneri, and therefore the Lords assoilzied the assize from wilful error, because the matter was doubtful, and not the less because blench-holding cannot be proved but by charter and sasine thereof, and that retours in this case make no sufficient probation; therefore the Lords retreated the said retour for ignorance of assize, as said is; and in this case the Laird of M. was the other party, and this retour was by the said James's tenants retreated, for not production of the charter and sasine, which would not have been done in case that they had been produced.
