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The Lords found, That a person being pursued as representing his father, or other predecessors, and denying the passive titles, the same ought to be proved; and that the defender, by proponing a defence in jure, as in the case in question, that annuities were discharged by the late proclamation, does not confess the passive titles; but if he should propone a defence founded upon a right in the person of his predecessor, it would conclude him; so that he could not pretend that the passive titles should be proved.
Reporter, Newbyth.
Fol. Dic. v. 2. p. 187. Dirleton, No 199. p. 88.
