Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. III.
Production of Titles cum Processu.
Reid v. Lochore
Date: 26 February 1629 Case No. No 19.
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James Reid being a creditor to William Brown, confirmed himself executor dative to the said William for payment of his own debt, and pursued James Lochore and others, to make forthcoming to him the eight part of a ship pertaining to William. Alleged, That he behoved to verify himself a creditor ante omnia, otherwise no process at his instance. Replied, That his confirmed testament gave him sufficient interest, and he needed not produce any more in initio, but that he should prove it before the end of the cause. The Lords repelled the exception.
Fol. Dic. v. 1. p. 330. Spottiswood, (Testament.) p. 338.
