Found not necessary to produce as a title, a retour and assignation of old date.
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Umquhile Sir John Campbell of Lundie having obtained the gift of non-entry of the lands of Pittedie, appertaining to John Lord Glammis, John Campbell, his son and heir retoured, makes assignation of this gift to Robert Strang 1584, which Robert obtained declarator thereupon, and compriseth the same lands for the bygone non-entry duties. The Earl of Kinghorn intented a reduction of this comprising, with all that had proceeded, against George Strang, heir to Robert. In the reduction, alleged, The defender should not produce the assignation made by John Campbell to Robert Strang, neither yet John's retour, whereby he was served heir to his father Sir John, in respect that the pursuer derived no right from them. Replied, They being a ground of the comprising sought to be reduced, he had good interest to call for them to that effect. Duplied, He had libelled no reason against them, and so no necessity to produce them. Triplied, He had a reason of improbation libelled against the whole writs called for. The Lords found the defender should not be obliged to produce the said retour and assignation after so long a time.
