The same term was appointed for the pursuer to prove that his lands were part and pertinent, and for the defender to produce. See No 54. p. 6648.
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In an improbation of the rights of the vassals of the lordship of Kinclevin, at the instance of the Marquis of Athole, as constable of the castle of Kinclevin, and the King's Advocate concurring for his Majesty's interest, as superior of the lordship,
It was alleged for the Lord Breadalbane; That the charter produced not containing his lands per expression, he was not obliged to take a term, till the pursuer proved that his lands were part and pertinent of the lordship of Kinclevin.
Answered; The defender cannot contravert the King's right as superior, for whom his Majesty's Advocate concurs in the process.
Replied; The King does not pursue as superior paramount, but only calls for the evidents of the lordship of Kinclevin, of which the defender knows not his lands to be a part, till it be proved; nor is he obliged to disclaim, seeing baronies are sometimes dismembered from a lordship whereof they were original parts.
“The Lords ordained the defender to take a term to produce, and the pursuer to prove part and pertinent at the same term.”
Harcarse, (Improbation and Reduction.) No 800. p. 146.
