Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Cunninghame
v.
Howston

Date: 10 March 1627

Click here to view a pdf copy of this documet : PDF Copy

In an action for exhibition and delivery of writs, at the instance of Cunninghame, as apparent heir to his fore-grand-sir and fore-good-dame against Howston of Parks,—the Lords found, that the pursuer, as apparent heir to his said fore-grand-sir and good-dame, could not have action against the defender for production of that writ called for, libelled to have been made to his predecessors, anno 1510, after so long time; and he, as apparent heir to his predecessors, passing by his father, good-sir, and grand-sir, could not competently have this action, the defender's father, good-sir, and grand-sir never having pursued therefore of before; and the pursuer not qualifying his succession in blood to these predecessors, but only calling himself nakedly apparent heir to them, neither ever qualifying how any of his mediate predecessors betwixt him and his said fore-grand-sir, &c. were ever debarred by their minorities, or any other lawful impediment from this pursuit.

Act. Cunninghame. Alt. Hope and Pollock. Scot, Clerk.

Page 287.