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A summons bearing that a charter was subscribed and perfected to the pursuer of certain lands, and sasine taken thereupon; after the taking whereof the subscriber of the charter having borrowed the same from the pursuer's father (the pursuer being then minor) to be seen by him, the said subscriber and granter cancelled the same, and sinsyne retained possession of the lands disponed therefore the pursuer craved both that the defender should make up the evident again, and also refund the profits of the lands meddled with by the defender since the cancellation thereof This action was sustained, and both the conclusions of the summons found relevant, albeit both craved together, and no necessity found first to pursue for the making up of the evident, and then to pursue thereafter for the mails and duties; but the whole summons was referred to the defender's oath simpliciter.
Clerk, Hay.
Fol. Dic. v. 2. p. 179. Durie. p. 438.
