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In an improbation of the Laird of Lauriston's, it being alleged, That there could be no writs produced, made to one Duddingston and Sanderson, because there was none called to represent the said persons; it was found, That there was no necessity thereof post tanti temporis intervallum, except the defenders would condescend upon some who might in law succeed unto them; as had been decided before in an improbation of the Earl of Winton's against the Laird of Corstorphin.
Spottiswood, (Improbation.) p. 165.*** Auchinleck reports the same case.
In an improbation, the heirs, or apparent heirs of such persons whose heirs cannot be known, are not necessarily to be summoned, except the defenders condescend upon some persons who are known to be heirs, or apparent heirs.
Auchinleck, MS. p. 90.
*** Sec Durie's report of this case, No 81. p. 2219.
