Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XVII.

Citation in Recognition. - Regress upon Excambed Lands.

K Advocate
v.
M'Culloch

1584. March.
Case No. No 71.

The Lords found it not necessary, in a process of recognition, to call the parties in whose favour the alienation was made, altho' vel maxime res eorum agebatur.

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The King's Advocate and the Laird of Bargammie as having the title of the lands and barony of Cardmangs, become in our Sovereign Lord's hands by way of recognition, pursued M'Culloch, and her husband for his interest, the heritrix of the same lands and certain other persons, to whom there was an alienation made of the one half of the lands, by the consent of our Sovereign Lord, immediate Lord of the said lands. It was alleged in ingressu litis, because the K.'s Advocate and the donatar passed frae all the vassals to whom the alienations were made, that they might not pass frae them, and they ought to have been summoned ab initio, and had good interest to defend the cause quia eorum res agebatur, for if there were decreet of recognition given, their infeftments would fall, and they had but to seek warrandice against the heir, who wad tyne nothing to warrand unto them. It was reasoned upon the other part, That the King's Majesty and his donatar was not obliged to know any other tenant or sub-vassal in the pursuit of recognition, but only the immediate tenant to our Sovereign Lord. Practics were alleged hinc inde, but nothing produced, and certain processes of recognition that were led in the time of King Ja. the 4th were shown to the Lords, whereintill it was not found to be of necessity to summon the sub-vassals, or them to whom the alienations were made. The Lords therefore found, that it was not of necessity to summon the sub-vassals.

Fol. Dic. v. 1. p. 138. Colvil, MS. p. 400.