Where the Conclusions of two Actions are contradictory, the Pursuer cannot Insist in both.
Guthrie v. Guthrie
Date: 20 December 1592 Case No. No 8.
Found as above.
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In an action pursued by James Guthrie of ——, against Guthrie of Colestoun, for probation of the tenor of a tack, alleged to be made by the Cardinal Abbot of Arbroath to the said James's father, his mother, his eldest brother and himself, as part and portion of the said lands of Colestoun, &c.; it was alleged by the said Guideman of Colestoun, That no process should be granted to the said James, for probation of the said tenor, in respect that he had two other actions depending for the said tack; the one for transuming of the said tack furth of the register of Arbroath, the other for delivery of the same against the said Guthrie of Colestoun and others, alleged having thereof, and so quandu subest spes recuperandi, the pursuer can never have place to prove the tenor; because this inconvenience might follow, that in proving the tenor, the principal might thereafter be found of a tenor contrary to that which would be proven in this instance. The Lords, by their interlocutor, found that the said pursuer would not be heard to pursue this action of the tenor, unless he would renounce the other actions for recovery of the tack itself.
