N. sought to be served heir to his father in certain lands; and the inquest served him negatively; because he neither produced his father’s charter nor sasine. This service was craved by him to be reduced, because he produced before the Lords a decreet of theirs; whereby they had decerned the superior of the same lands to infeft the pursuer’s grandsire in them, to be holden blench. Item, Another decreet wherein the same superior did judicially confess that he had infeft the pursuer’s father in the same lands, conform to the tenor of the first decreet, with a precept of sasine of the said superior’s for giving of sasine to the pursuer’s father. More, a decreet of transumpt of a prothecal before the commissary of Dunkeld, wherein was contained a sasine given by virtue of the former precept of the superior’s. Ex his judiciis licet nullum instrumentum publicum extaret. The Lords reduced the service and retour.
[1547] 1 Brn 115
Bailii
Scotland
Updated: 09 January 2022; Ref: scu.558082