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In an action of warrandice pursued by Hugh Hamilton and Mr. James Hamilton, advocate, against the Laird of Niddry, the Lords found that the Laird of Niddry, as heir to his goodsir William, who disponed the lands to John Wauchope, Bailie of Niddry, his brother, could not be obliged to warrant the said disposition from the forefaulture led against the said Archibald, because Archibald was not heir to William, and could not be heir to his father, Robert being living; and the falling of the Bailie's lands in forefaulture proceeded from the fact and deed of the said Bailie of Niddry, who did not confirm his infeftment.
