Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Mr Alexander Colvil
v.
William Haly

1687. January.

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In the reduction and improbation, at the instance of Mr Alexander Colvil against William Haly, of writs granted to the defender by Jean Colvil;—Alleged for the defender, That Jean Colvil being author condescended on, the pursuer ought to have cited her, or her nearest of kin, if she be dead; 2. He could not produce writs granted by Jean; because the pursuer libelled or instructed no right, in his favours, flowing from her by disposition or succession; 3. The defender is only obliged to condescend on the dates of decreets before the Lords, and not produce them, or the grounds and warrants; and extracts of registrate writs must satisfy the production, and the pursuer must seek the registers for the principals. The Lords, ex gratia, allowed Jean Colvil, or her nearest of kin, to be cited cum processu, in respect the defender was an agent, who had been vexatious to the pursuer; and they sustained [the second] and third defences as relevant.

Page 158, No. 569.