After succumbing in the direct manner of improbation, whether the indirect be competent.
Brockett v. Brockett
Date: 10 February 1592 Case No. No 223.
Evidents taken to be improved, being approved in the direct manner, the indirect cannot be there after received.
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In an action betwixt Brockett against Brockett, the son founding his right upon an assignation made by his father to him, of a room, with the plenishing thereof, the father took to improve the assignation; and the hail witnesses inserted being examined, and abiding at the same assignation, he would have entered to the indirect manner, which the Lords refused altogether to do, in respect it was found good, and approved by the direct manner. Farther alleged, That the notary who subscribed the said assignation in name of the father, was deprived long before the alleged date of the said assignation, and therefore the same could make no faith. The Lords repelled likewise that allegeance, and sustained the assignation, for the causes foresaid.
