Found, that, in re antiqua, the superior's sasine, naming a man, son and apparent heir to another, was sufficient proof of propinquity, even contra tertium.
Click here to view a pdf copy of this documet : PDF Copy
Anent the action pursued by George Haliburton of ——— against the Laird of Halton, for redemption of the mill of Gogar, annailzied by umquhile George Haliburton, father to the said pursuer's grandfather, it was alleged by the said defender, That the said pursuer was no heir to the said George, who annailzied the said mill, and took reversion thereof to him and to his heirs. It was alleged by the pursuer, That he was heir by progress to the said umquhile George; and to prove the same, he produced a sasine, given by the Laird of Halton, of the lands of Gogar, superior thereof, to umquhile Patrick Haliburton, grandfather to the said pursuer; which sasine called the said Patrick son and heir to the said umquhile George, annailzier of the said mill; and also, the said pursuer produced a sasine of the said lands, given to George Haliburton, goodsire, as son and heir to the said Patrick; and also, he produced an instrument of sasine of the said lands, given to William Haliburton, father to the pursuer, as heir to his father George; and also, produced an instrument of sasine, given to himself, as son and heir to the said umquhile William, his father. It was alleged by the defender, That the sasine produced of the said Patrick proves nothing to the producer's effect, nor instructs not his summons; because the said instrument bears, that the superior gave sasine of the lands of Gogar to the said Patrick, calling him son and heir to the said George; which words were but verba narrativa of the superior, and prove noway to be heir to the said George. It was alleged by the pursuer, That he bruiked the same lands that the said George held in heritage, by progress, as he had proved, and has the reversion of the same in his hands, as heir foresaid; and albeit the said Patrick, his grandfather, was not served as heir to his father George, it was enough that he was put in his lands heritably by the said Lord, calling him son and apparent heir to his said father; and also, it was in facto antiquo by the space of six score years and more; which allegeance of the pursuer was found relevant; and found that the pursuer had proved enough for the instruction of his summons, by the allegeance foresaid.
