A right to the superiority alone found to be a sufficient title to remove from the possession of land persons exhibiting no right to possess.
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In an action betwixt the L. of Lagg and his Tenants, the Lords sustained a removing, pursued at Lagg's instance, for removing from lands, upon a sasine given to him of the superiority only of these lands, which sasine of the naked superiority they found to be a sufficient title to the pursuer for producing removing thereupon at his instance, from the property of the same lands, against any one who could not allege an heritable right of property, or some other right, whereby they might maintain themselves in the possession of the said lands, and which the Lords founds, albeit the defenders alleged, That there was no necessity to clothe themselves with any right, until the time that they were desired to remove, by one who had right to the property, seeing they excluded this pursuer's title, which being per expressum of the superiority, presumed necessarily that there was another proprietor, in whose person the right to remove only behoved to subsist, which allegeance was repelled, as said is.
Durie, p. 149.*** Spottiswood mentions this case:
1624. November 24.—In a removing, pursued by the Laird of Lagg against John Grierson, the defender excepted, upon a contract of excambion made between the parties' grandfathers. Replied, Not relevant, unless the defender would say he is served and retoured to his umquhile grandfather. The Lords found that he might very well propone it, as apparent heir to his grandfather, especially in judicio possessorio.
