Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Mr Robert Bruce
v.
Patrick Bruce and Others

Date: 27 June 1628
Case No. No 28.

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If a party pursuer of an improbation call for production of writs made by the pursuer's author, to whom he is only singular successor, to the defender or his predecessors, he must produce the same author's right to the land; and it is not sufficient to allege, that the pursuer's infeftment depends upon the said author's reservation, but the said author's right must be produced.

Auchinleck, MS. p. 93. *** Kerse reports the same case.

In improbations, found, That Mr Robert Bruce might improve an assignation or nomination to a tack made by Captain Andrew Bruce to his sons, albeit Captain Andrew was not Mr Robert's author, cum potestate assignandi. And in this same cause found, that Mr Robert behoved to produce his author's right.

Kerse, MS. fol. 208.