Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
His Majesty's Advocate v. Lord Cardross, &c
Date: 13 November 1684
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In the action pursued by his Majesty's Advocate against my Lord Cardross, Murray of Livingston, Sharp of Houston, Mr John Elies of Elieston, and other heritors, lying adjacent to Drumshorlanmoor, for reduction and improbation of their rights;—Alleged for them,—I cannot take a term, because my authors are not called. And being desired to condescend, they gave in a list, not only of their immediate and last authors in the lands, but also of their mediate authors, to the warrandice of whose dispositions they were assigned, and who had no right, but were denuded more than 40 years ago.
Objected, 1mo,—The King was obliged to cite no authors at all; and this was but an unnecessary formality, without any reason. 2do, The most he could notice, was only the immediate last author, and not the whole authors by progress: who had, it may be, right 100 years ago; and, it may be, are named at random, and were never authors, nor have any representing them in rerum natura.
The Lords, on Pitmedden's report, found, That all the authors in the list and condescendence, quoad all writs specially libelled as flowing from them, ought to be cited, if the defenders give their oaths of calumny that they are truly authors to them in these lands. But, as to the general clause, “of and concerning these lands,” ordain the defenders to take a term as to these, without citing of authors.
The words of the report and interlocutor, as they are written by the clerk, are:—Find the authors condescended on by the defenders, in the list given in by them, must be called quoad any writs granted by these authors to the defenders, they giving their oaths of calumny that these persons are their authors; but, as to the general clause of the summons, anent any other writs not granted by these authors, find the defenders must take a term to satisfy the production quoad these.
