A general service is sufficient title,in an improbation of an assignation, by a defunct's predecessor, of an heritable bond, upon which no infeftment had passed. a party to make oath on a debt.
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In a reduction and improbation, the Lords found a general heir served and retoured to the father might call for improbation of any writs made by his father, whereby the right of an annualrent was provided to the father, and his heirs, which was alleged to have been thereafter disponed to the defender, and so thereby the pursuer might be prejudged in that prior right; and it was not found necessary that the said pursuer should have been specially served heir to his father in that annualrent, or infeft therein, seeing it was constituted to the father by contract only.
Fol. Dic. v. 1. p. 442. Durie, p. 435.*** Auchinleck reports the same case.
One served heir general may call for improbation of contracts made by his authors for no infeftment or real right, except he served himself heir to some real right of the lands.
