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Swan pursued Rankin for reduction of a sasine of certain tenements in Glasgow. Excepted against the summons, That the pursuer could not crave the same to be reduced as was libelled, because the sasine made mention that it was given by virtue of award of court of the Provost and Bailies of Glasgow; which award of court should have been called principaliter to be reduced as well as the sasine which was relative to it. The Lords una voce assoilzied a libello.
Spottiswood, (Reduction.) p. 266.*** Colvil reports this case:
There was one called Swan that pursued one Rankin for production of a sasine of certain tenements of land within the town of Glasgow. It was excepted against the summons, That the pursuer could not pursue the reduction dictæ sasinæ prout libellatur, because the sasine made mention, and it was expressed in the same that it was given by virtue of award of court of the Provost and Bailies; and so it being relative to the said award of court, and making express mention of the same, except it had been called principaliter to be reduced as well as the sasine's self, the libel could not infer or conclude upon any reduction of the said sasine, and that namely when the said award was instantly produced before the Lords. The Lords, una voce dicentes; pronounced definitive, and assoilzied ut libellabatur, that where any evident is called to be reduced, that all others to which it is relative must also be called.
