A sasine of burgage lands to a man as heir to his father, was found sufficient to instruct him heir with regard to a process of warrandice pursued by him.
Click here to view a pdf copy of this documet : PDF Copy
One Wilson, as heir to his father, pursuing one Stuart to warrant a tenement in Glasgow, disponed by the said Stuart to his said father. It was found, That the pursuer's sasine produced to instruct him heir, being given by the Bailies of Glasgow, by hasp and staple, cognoscing him to be heir, was sufficient to instruct him heir, and to produce this action, albeit he was not heir served and retoured, the same being within burgh, and the pursuer being convened as heir, to pay to this defender the price of the land annailzied, in another process pursued against him, as heir passive of before; for it was found, that this party could not oppone, nor quarrel the right whereof she was author herself to the pursuer's father, and for which she convened the pursuer as heir, and so the sasine was sustained; but it might have been more doubted, if this sasine would have produced action against any third person, or any stranger pretending right to the land, albeit it will ever produce action against the tenants of the lands, or any not having right, either for removing therefrom, or for the mails and duties thereof.
Clerk, Scot.
Fol. Dic. v. 2. p. 246. Durie, p. 468.*** Auchinleck reports this case:
A sasine given by hasp and staple will not give the receiver of the sasine action to pursue as heir active, except it be for mails and duties of the lands wherein he is seased, and against the disponer of the tenement to warrant the same free of annualrents.
