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In the improbation pursued by my Lord Elphingston against the Earl of Marr, alleged, The pursuer could not call for improbation of infeftments granted to the Earl of Marr defender, or to his father, because the said infeftments are long posterior to the pursuer's own rights and infeftments, and so cannot prejudge him; and nothing can come under the compass of improbation but that which may prejudge a party.—Replied, He may remove all titles of falsehood, and may improve any evidents whatsoever that may affect his lands.—The Lords repelled this exception.
