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James Elies of Southside v John Brown of Georgie-Mill. [1681] 3 Brn 392 (5 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030392-0544.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Elies of Southside v. John Brown of Georgie-Mill
Date: 5 February 1681
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In James Elies of Southside his reduction and improbation against John Brown of Georgie-mill, the Lords, on a bill, found the pursuer must, in initio litis, instruct a progress from these persons, granters of the writs which were called for in the improbation active. As likewise they find, that the representatives of these persons, who are named in the summons as authors to the defenders, must be called passive in initio litis if they be known; but, if they be
not known, it is sufficient (when they are condescended on by the defenders,) that the pursuer call them cum processu. And find, that the pursuer must instruct the factory, (whereby the granters of the precept of clare constat, whereupon the pursuer's title is founded, are appointed trustees for the rest of the creditors;) and that cum processu.
