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In an improbation betwixt Lesly against Lesly, and Alexander Harvie, spouse to the defender, wherein the defender was convened, for production and improbation of whatsoever bonds, Contracts, obligations, charters, or precepts, made by the pursuer, or by that special person to whom he was retoured heir, and to these defenders nominatim; the Lords sustained this action and clause conceived in these general terms; albeit that the pursuer condescended not, neither on the dates of the writs, nor on the tenor nor contents thereof; wherein they found, that he needed not be more special, seeing he pursued by that general clause for writs made by himself, or by that one person allenarly to whom he was heir, and not by any other his predecessors, to these same defenders themselves, and not to any of their predecessors, so that they could not pretend ignorance of the writs, if any were made to themselves.
Clerk, Scot.
Fol. Dic. v. 1. p. 446. Durie, p. 304.
