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In an action pursued by Walter Chisholm against Sir William M'Dowgal, the pursuer having declared that his name was only borrowed to the behoof of John Home of Howletston, the defender debarred the said John Home with horning. Answered, That the action not being pursued in his name, he could not be debarred, especially by the defender who was not a creditor to the said John. The Lords found, that as rebels could not pursue in their own name, no more could they in another's to their behoof, otherwise it were fraudem facere legi.
Spottiswood, p. 153.
*** This case is reported by Durie, voce Persona Standi.
