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A pursuer extracted an act of litiscontestation, in a process upon the passive titles, for proving diverse facts whereby gæstio pro hærede might be instructed. Some witnesses were examined. He returned to the libel, and offered to prove other passive titles besides behaviour. This was alleged to be contrary to form, yet the Lords found, That the extracted act of litiscontestation did not bar the pursuer from returning to the other branches of his libel, and insisting therein.
Fol. Dic. v. 2. p. 207. Fountainhall. Forbes.
*** This case is No 88. p. 9744. voce Passive Title.
