Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. II.
Citation cum Processu.
The Laird of Luss, and George Glendinning, v. The Earl of Nithsdale
Date: 24 January 1672 Case No. No 6.
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The Earl of Nithsdale being pursued, as heir of tailzie to the last Earl of Nithsdale, for payment of a bond granted by him to the Laird of Luss, it was alleged, No process, because the heirs of line were not cited. It was replied, There was no necessity, unless the pursuers could condescend that they had an estate which might be discussed.
The Lords sustained the defence, end found there was a necessity to cite them, albeit, when they were cited, the heir of tailzie the defender behoved to condescend upon an estate in their person, which might be discussed, otherwise they might immediately insist against him.
Fol. Dic. v. 2. p. 301. Gosford, MS. p. 233.
*** Stair's report of this case is No 15. p. 3565. voce Discussion.
