[1622] Mor 16160
Subject_1 TRANSUMPT.
Date: L Blackadder
v.
Earl of Murray
19 December 1622
Case No.No. 3.
No vassal can insist against his superior for production of the titles to the superiority, in order to have them transumed for the vassal's behoof.
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In an action pursued by the L. Blackadder contra the Earl of Murray, for exhibition of writs, to be transumed, it was found, that no vassal, holding lands of any superior, might call or pursue, by any direct action, his superior, of whom he held the lands, for a transumpt of the writs made by that superior himself, albeit the lands had been disponed by that same superior to that same vassal who desired that transumpt; and so, albeit he had been his immediate author in the lands whereof the evidents were desired to be produced, and albeit the production was only craved of the evidents made to the immediate author himself, who had made the disposition to the vassal, and extended not to the production of any higher progress of writs made to that superior's predecessors, yet it was found, that the vassal ought not to have any such action sustained against his superior.
Act. Nicolson & Belshes. Alt. Hope. Clerk, Gibson.
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