A daughter was served heir; and afterwards a service was, by procuration, expede for a son. The daughter alleged the procuratory was false, and that the son was previously dead. Found, that if it could be proven he was alive, the service was good, without reduction of the daughter's.
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One Lichton, daughter to umquhile Lichton, being served and retoured heir to him, and as heir obtaining sentence, for delivery of her father's writs and evidents of his lands to her; and another being served and retoured as son and heir to the defunct, claiming the same, the daughter craving preference in respect of her sentence; and that she alleged, that her brother was dead before the service, and his alleged service was deduced only by a procurator, whose procuratory was only subscribed by a supposititious person, who was not truly that person, but called himself that man;——The Lords, notwithstanding of the decreet, found, that if the son's procurators would offer to prove, that the son was on life the time of the service of him to be heir, which was deduced by an alleged procuratory, and not by his own personal compearance, that they would prefer him, that being proven, and admitted the same to their probation; and found no necessity to reduce the daughter's retour or decreet; but found, that this trial should be received in this same place, without necessity of other process, or of any reduction.
Act. Sandilands.Alt. ——.
Fol. Dic. v. 1. p. 170. Durie, p. 619.
