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An executor pursuing for bygone rents of lands must produce the defunct's title.
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In a pursuit by Seaton, as executor dative to his goodsir, and having licence against Seaton of Schelin, for payment of certain duties of lands pertaining to the pursuer's goodsir, intromitted with by the defender, of many years bygone, contained in the summons, the Lords found no process upon that pursuit, while the pursuer produced his goodsir's right to the lands whereof he acclaimed the bygone duties from the defender; and found, that his licence and decreet, decerning him executor dative, was not enough to be a title to give him interest to pursue this action per se, without the production also of his goodsir's right foresaid, no more than his goodsir, if he were alive, would be heard to pursue, without shewing his right to the lands for his interest; and his executor could be in no better estate; neither was it respected, that the pursuer offered to prove the same cum processu; and that he alleged, that this should be sufficient to him, who probably could not have his goodsir's right, he not being his heir; which was repelled, and this right foresaid was found necessary to be used for his title.
Act. Nicolson.Alt. Mouat.Clerk, Scot.
Fol. Dic. v. 2. p. 180. Durie, p. 329.
