In an improbation, the evidents made to the defender's authors being called for; found, that it was not needful to call the apparent heirs of these authors, unless the defender would specially condescend who the apparent heirs were.
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In an improbation at the instanse of the L. Lawriston against the tenants of South-houses, the evidents made to certain persons, authors to the defenders, being called to be improven; and the defenders alleging, That no process ought to be granted against the writs, except the apparent heirs to the persons whose writs were quarrelled in this action, were called thereto; this allegeance was repelled, seeing the defenders condescended not specially who the persons were who were apparent heirs, and who should be summoned, without the which were condescended upon, there was no necessity to summon them. The like was done before, anno 1619, in an improbation betwixt the E. Winton contra Lo. Corstorphin.
Act. Mowat,Alt. ——.Clerk, Scot.
Fol. Dic. v. 1. p. 139. Durie, p. 266.
