Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

E Marr
v.
His Vassals

Date: 5 February 1628
Case No. No 27.

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In improbations, found, That the user of an incident must show where he has right from his author, for whose infeftment he calls for incidents; but that he needs not produce a progress, but only show a right flowing from his immediate author to the lands.

In the same case of improbation, the Lords sustained this allegeance against the incidents, that none of them could be received to stay the certification, because all the writs were in their own hands; and it was found, That one might propone this by way of reply without proponing a defence against the incident.

Kerse, MS. fol. 208.