A person was retoured heir to his grandfather, and charged the superior to enter him. Found, that the superior was bound to enter him, although an objection was offered by suspension, which would have stopped the service if previously offered.
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John Beg being retoured heir in some lands in Lanark, as heir to his goodsire, charges the Bailies of Lanark to infeft him therein, who suspend; and, in the suspension, compears one Gemmil, and is admitted for his interest, and allegeth, that the charger cannot be infeft as heir to his goodsire, because his father was infeft in the lands since his goodsire's infeftment, which father had disponed the lands to this defender, who thereupon was infeft therein, which writs he all produced; notwithstanding whereof, the Lords found, that the Bailies ought to have given infeftment to the charger, he being retoured heir; which retour standing, ought to receive obedience, for it might be that the father's sasine was false, or might fall for some just cause, which behoved to have its own trial, and could not be received hoc loco against the retour standing; but reserved the same prout de jure to be pursued by reduction, albeit it would have been a good defence, the time of the service, to have staid it.
