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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Lord Cathcart
v.
The Laird of Carss
12 July 1625 Click here to view a pdf copy of this documet : PDF Copy
In an action of improbation, at the instance of the Lord Cathcart against the Laird of Carss and his other vassals;—the Lords found, that, in such improbations, the pursuer may call the defenders for production and improbation of retours, whereby they are served heirs to their predecessors in the lands controverted, and that they have sufficient interest to insist for production of such retours; because, if the pursuers may quarrel the same, and impugn them, and if they fail, so that there be no such retours, the lands may thereby be in non-entry, whereby the pursuer will have the right and benefit of the land by the non-entry.
Act. Hope. Alt. Nicolson and Belshes. Gibson, Clerk. Page 177.
The electronic version of the text was provided by the Scottish Council of Law Reporting