Click here to view a pdf copy of this documet : PDF Copy
In a removing, at the instance of Wallace contra Tenants of, the Lords would not sustain the pursuit, upon a sasine produced by the pursuer for his title, which was of a date posterior to the warning, albeit the pursuer alleged, That the sasine proceeded upon the superior's precept of clare constat given to him, as heir to his father, which precept preceded the warning, and so that the sasine should be drawn back to the precept; which was not sustained by the Lords, as if the sasine had proceeded upon a retour, in which case it is usual to draw back the sasine to the retour, but not to a precept of clare constat.
Act. Cunninghame.Alt. Millar.Clerk, Scot.
Durie, p. 220.
