Who must be Cited in a Process on the Passive Titles.
The Viscount of Arbuthnot v. Anna Keith
Date: 23 June 1666 Case No. No 1.
The Lords sustained process against one of more heirs-portioners, although the representatives of the other were not called.
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In a pursuit at the instance of the Viscount of Arbuthnot, as donatar to the ward and marriage of Mary and Katharine Keiths, bairns and heirs portioners to umquhile John Keith, brother to the Earl of Marischal; the donatar insisting only at present against Anna Keith, and her husband for his interest, it was alleged no process, because all parties having interest were not called, viz. The Representatives of Katharine Keith, one of the heirs-portioners now deceased; and that the probation against the defender might prejudge Katharine Keith's Representatives in the avail of the marriage.——The Lords repelled the allegiance, and found process against one of the heir-portioners, albeit the Representatives of the other heir-portioner were not called.
