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In an improbation of the charters, sasines, and other writs of the lands of Southside, made to Conheath, by the umquhile Lady Cockpen, pursued at the pursuer's instance, as having right by a bond made to him by the said umquhile Lady his mother, containing an heritable disposition of the said lands, the Lords found, That the bond (no real sasine following thereon in the pursuer's favour), could not furnish him action to call for reduction and improbation of the said real writs of the said lands made to the defender.
Act. Hart.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 445. Durie, p. 544.*** Spottiswood reports the same case :
Elizabeth Rigg, Lady Cockpen, by contract of alienation, disponed to John Ramsay, her son and apparent heir, the lands of Southside; who, upon that disposition, intented an improbation against the Laird of Conheath, of all right he or his authors had to the said lands of Southside. Alleged, He had no interest to improve his rights of these lands, because the pursuer was not seised in the same, although they were disponed to him by contract; and he not being infeft, could not seek to improve any real rights of the said lands, nor urge the defender for production thereof, having no real right himself; which allegeance the Lords found relevant.
