Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. II.
Citation cum Processu.
Ladies Greenock & Mochram v. Erskines
1687.
December. Case No. No 12.
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A creditor of the Lord Napier having pursued the debtor's heirs of tailzie, the defenders alleged, No process, till Mrs Brisbane, the heir of line, was called.
Answered; The pursuer was content to call the heir of line cum processu.
Replied; The heir of line being known to the pursuers, and the principal contradictor, should have been cited ab initio; and it is not enough to call her cum processu.
The Lords found no process; and remitted the pursuer to raise a new process, and to call the heir of line.
Fol. Dic. v. 2. p. 301. Harcarse, (Aires Gestio and Passive Titles.) No 69. p. 13.
