Caution must be found, unless the defence be instantly verified.
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A defence upon seven years possession being proponed in a process of removing;
The pursuer alleged, That the defender could not be heard to propone defences, till once he find caution for the violent profits.
Answered for the defender; The act 39th, Parl. 6th, Queen Mary, appoints the defender in a removing to find caution where he impugns the executions of the warning without producing any right in his own person. But here the defender produces his infeftment, and the possession is facti, which must abide probation.
The Lords found the defender ought to find caution where the defence is not instantly verified, unless the pursuer have something to prove, when the defender's taking the same term to prove his allegeance does not delay the pursuer.
