In actions of spuilzie and ejection, the pursuer ought and should libel possession, and violent ejection, and prove them both sufficiently; and it is not requisite that he libel any title: But if he libels a title with his possession, it is not necessary to prove the same, but ought and should show the same, quia tenetur ostendere, sed non probare.
[1548] Mor 14731
Bailii
Scotland
Scotland
Updated: 09 January 2022; Ref: scu.558091