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In a reduction and improbation Alexander Arbuthnot of Knox against the Earl of Marishall, alleged, No process, because he hath not produced a full progress in his own and his author's person. Answered, It is sufficient, especially seeing the Earl hath several of their author's writs, and, by a back-bond, he is obliged to make them forthcoming. This being reported, “the Lords in regard the pursuer's own charter (which is the warrant of his sasine) is now produced, sustain process as to any writs granted to the defender by the pursuer himself, or any to whom he may succeed jure sanguinis. But, if the pursuer insist for production of any writs granted by Colonel Hary Barclay, or Sir John Scot, they find the pursuer must produce his author's rights, and recover them either by an exhibition, or charge of horning, before the defenders can be holden to take a term to produce.”
Fol. Dic. v. 1. p. 444. Fountainhall, v. 1. p. 103.
