[1582] Mor 3555
Subject_1 DISCLAMATION.
Patrick M
v.
Henry M
1582 .February .
Case No.No 1.
A superior pursuing for production of the vassal's evidents and holdings, need not affirm him to be his vassal before production, but the vassal must either produce, or disclaim.
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Patrick M. and M. his spouse, persewit Mr Henrie M. to produce his evident and holdings of the lands of, alleged to be holden be him of them as his immediate lawful superiours, to the effect, they might see what duty appertained to them as superiors of the same lands. It was answerit be Mr Henrie, That he aucht not to do the same, except they wald affirm him to be their vassal and tenant, and wherefore sould he be bund and obleigit to produce to the superior, that wald not acknowledge him his tenant and vassal. It was answerit, That he could not affirm to be vassal or do any uther thing before the production, and so he behovit aither to produce and show his haldings, or else to mak disclamation; the whilk was fund so be the Lords.
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