Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. III.
Production of Titles cum Processu.
Inglis v. Stewart
1623.
July. Case No. No 18.
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Declarator of expiration of a back-tack of lands, at the instance of the receivers of a wadset and granter of a back-tack against the wadsetter's tacksmen. Compears Blairquhan, and craves to be admitted for his interest, and produces a sasine of Revenstoune, whereof he alleges the lands libelled are part and pertinent. Replied, Cannot be admitted, because the sasine is not of the lands libelled, and the allegeance of part and pertinent must be instantly verified, because the interest of a party, not called, and craving to be admitted for his interest, must be instantly verified, before he be admitted. Finds they will not admit him to prove his interest cum processu, but ordains him to instruct the same instantly.
Clerk, Durie.
Fol. Dic. v. 2. p. 303. Nicolson, MS. No 85. p. 56.
