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He who is denuded of his heritable right, by resignation thereof made in favour of him who is infeft, holden of the King, cannot use that infeftment as a title of his pursuit; neither can the concurrence of him who is infeft sustain the pursuit; because they are not compatible, and the exception is merely exclusivum juris agentis.
A man may pursue the possessor of lands for abstracting of his eorns from the pursuer's mill, albeit he call not the heritor, because the tenant is called super facto proprio; but that decreet given against the tenant, will not prejudge the master of his defence or right.
Fol. Dic. v. 1. p. 140. Haddington, MS. No 2029. & No 2030.
