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In a reduction and improbation at the instance of the Earl of Airly against Pitliver;
The defender alleged, No process, because the pursuer's active title of infeftment was expede after executing of the summons.
Answered, The infeftment proceeds upon a retour, which is always drawn back to the time of the predecessor's decease.
Replied, That is sustained in removings, which are possessory actions, but never in actions petitory.
The Lords sustained the allegeance and reply, and found no process.
In this process they found also, That the persons by and to whom the writs called for were first granted, should be condescended on in the libel; that authors and representatives may be called; and that it was not enough to libel in general, that these were granted by some of the pursuer's predecessors to some of the defender's predecessors and authors.
Fol. Dic. v. 1. p. 446. Harcarse, (Improbation and Reduction.) No 573. p. 159.
