A son being infeft as heir to his mother, and dying without issue, his brother uterine found not to be heir to him, but to his father.
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Lenox being married to Margaret Mogie, who was an heretrix, she dying, Lenox's son was infeft as heir to her; who dying also without issue, this Lenox, as his brother by his mother, and alleging him to be apparent heir to his brother Lenox, in these lands, whereunto his brother succeeded to their mother, craves exhibition of the writs of the lands, ad deliberandum. The defender Linton alleged absolvitor, because his son, being infeft in the lands as heir to his mother, his nearest agnate on the father's side, his apparent heir, and none on his mother's side; for we have no interim succession, neither holds it with us, materna maternis, paterna paternis;
Which the Lords found relevant, and that the father was apparent heir to his son, being once infeft as heir to the mother; and therefore assoilzied.
