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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
- v. William Brodie
1677.
June.
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One pursuing as heir served and retoured, and no retour being produced, Mr William Bailie alleged, no process, because the active title not produced. Halton repelled it. Mr William huffed at the novity, and offered a dollar for the Lords' answer. The Lords, to save Halton's credit, in June, 1677, permitted a pursuer to produce a retour as his active title, cum processu. Which was to evert all form. And yet Halton was pleased with the report, to give Mr Bailie a rebuke. Vide supra, No. 441, [Duke of Hamilton against Loudon, February, 1674;] and 490, [Hay against Earl of Twedale, July, 1676;] infra, 579, § 4, [June, 1677.] Yea, a sea-sire alone was not found a sufficient title in a reduction of heritable rights without the charter, but the Lords will allow it whiles to be produced cum processu.
