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The Lord Yester being Baron of ——, pursuing a declarator of non-entry of the lands of ——, which were libelled in his summons, to be parts and and pertinents of the said barony; and it being questioned, if it was necessary before sentence, to prove, that the lands foresaid, whereof declarator was sought, were parts and pertinents of that barony, seeing the pursuer's sasine of the barony produced made no mention of these lands; the Lords found no necessity to prove, that they were part and pertinent, but decerned without that probation, which I think strange, for the sentence must affirm the summons to be proven, albeit nothing be used to prove that part.
