Where two processes regarded the same matter, proof taken in the one was received in the other.
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N. Ramsay pursued an action of ejection against the Laird of Craigie Ross's Heirs of Line, wherein he obtained decreet after three years dependence; and because in the principal cause, he could seek no more than the by-run profits before intenting of the action of ejection, he moved a new action for the by-run profits of the three years of the dependence of the principal action; and for proving of the said profits, he repeated deducta in primo processu, renouncing all further probation. Alleged, That no testimony in one cause, might be a probation in another by law. The Lords found, That in respect that the two actions were inter easdem personas, de eadem re, et eodem modo agendi, or at least that the second was accessory to the first, that he might repeat the probation out of the one process into the other.
