Where different Actions arise upon the same fact, tending to the same end, the Pursuer cannot insist upon both.
Sir John Hepburn v. Carcattle
1611,
November29. Case No. No 2.
Found as above.
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In a contravention pursued by Sir Robert Hepburn against Patrick Carcattle, for contravening an act of caution found by him, by the occupation of the lands pertaining in property to his umquhile mother, who was wife to the said Sir Robert;——The Lords would not sustain the action of contravention, because Sir Robert, upon warning made to him in his wife's time, having obtained decreet of removing, had his action of violent profits; and therefore, having an action of that nature, which of the law was a punishment of violence, the Lords would not grant contravention.
