How and to whom competent to insist upon this Passive Title.
Lord Gairlies v. Kilpatrick
Date: 18 December 1617 Case No. No 185.
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In a reduction pursued by the Lord Gairlies against John Kilpatrick, the Lords repelled an exception, bearing, that the Lord Gairlies was heir to his goodsire in the lands of Dalswinton, in respect his goodsire was infeft as heir to his grandsire in the said lands.
Item, they repelled an exception, that the Lord Gairlies' father was universal intromitter with his goodsire's goods and gear, because, that eo nomine he could not be obliged to warrant the heritable infeftment, notwithstanding that he had not an heir.
