[1605] Mor 3555
Subject_1 DISCLAMATION.
Date: Dalziell
v.
Dreghorn
15 June 1605
Case No.No 2.
A party who, pretending to be superior of lands, pursues another as his vassal, for producing his holding, must produce his own sasine of the lands, before the defender can be compelled either to produce or disclaim.
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In an action betwixt Dalziell and Dreghorn, for showing of the vassal's evidents to the superiour, it was alleged be the vassal, That the persewar could have na process, while he shew whair he was superiour, or infeft in the lands. It was answered, That he could not misknow his superiour; and gif he wald, the persewar sould be content that the defender wald deny that he was his superiour and disclaim him. The Lords fand be interlocutor, that the persewar behoved to show whair he was infeft in the lands or in the barony, whereof he alleged the lands to be pertinents, before the vassal was compelled to answer.
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