Title to pursue on citation to compear on a day in the vacation sustained where the party had the full number of days allowed for his appearance, in respect the citation bore with continuation of days, which is understood to be the most lawful day thereafter.
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In a reduction ex capite lecti, of a disposition whereupon infeftment had followed, pursued by Gordon and Mr Harry Osburn, deriving right from Robert Gordon in the kingdom of Ireland, as apparent heir to James Gordon of Newark, against Jean Campbell and others; the Lords repelled this dilatory defence, that the first day of compearance, to which the defenders were cited, was in the vacation-time, in respect errors in filling up of days of compearance, can be amended at the bar; and the defenders have the full number of days allowed by law. And where the day of compearance happens to be an unlawful day, the citation, which bears continuation of days, is understood to be next to the lawful day thereafter; but the Lords found no process, unless Robert Gordon's propinquity to James Gordon be instructed by a service as heir to him, or otherwise. Because, though naked apparency of a person known and born in the country, is sustained to found process, yet action is not sustained at the instance of one born out of the country, unless some document be produced, cognoscing and trying his propinquity of blood to the person whose apparent heir he pretends to be, December 17. 1627, Donaldson against Brown, No 9. p. 4647. See Title to Pursue.
