An author may insist for improbation of writs granted by himself, whether infeft or not.
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In an improbation pursued by the Baron of Auchyle against M'Lean, the Lords found, That the pursuer being infeft in the lands controverted, whereof the evidents were called in question, by right flowing from the bishop of the Isles, who was libelled to be heritably infeft in the same lands, and was author to the pursuer, might call for production and improbation of all writs of the same lands made to the defender by the said bishop of the Isles, albeit the pursuer shewed not where the bishop was infeft himself, seeing he called only for production of writs made to the defender by the bishop's self; for as the bishop might himself pursue the defender for any writs of the lands made by him to the defender personally, albeit he had never been infeft, so might this pursuer, having right from the bishop, competently seek the same; for the bishop was in effect common author to them both, and so might seek improbation of the writs made by himself to any of them, as said is. And this was found, albeit that it was alleged, That one who was not infeft could not pursue a party for quarrelling of a real right of lands, that pursuit being only competent to them who had a real right themselves, and which might produce the like action.
Act. Hope and Mowat.Alt. Nicolson.Clerk, Hay.
Fol. Dic. v. 1. p. 445. Durie, p. 334.
