Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Napiers, Supplicants

Date: 6 February 1680

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Napier of Wrights-houses having died without issue, two women of his name, of a far relation, gave in supplications, bearing,—That either party might take out brieves out of the Chancellary for serving themselves heirs to the defunct, which might be directed to any judge ordinary in Scotland, which cannot otherwise be known to the supplicant; whereby an ignorant inquest may serve; which will put them to the difficulty and necessity of reduction; and therefore desiring that the Lords would prohibit brieves to be issued or served, till they were cited to the service.

The Lords gave an injunction to the director to the Chancellary, ordering that he should give out brieves to neither party, till that party demanding the brief return an instrument of the intimation to the Chancellary; bearing intimation of the brief demanded, and of the judge to whom directed, and of the day in which she is to be served: that thereby the other parties might attend, and might be heard for their interests.

Vol. II, Page 754.