Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VIII.

Incident Diligence.

Hay
v.
The Laird of Vaine

Date: 21 June 1627
Case No. No 168.

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In a special declarator pursued by Mr Francis Hay against the Laird of Vaine, there being two allegeances admitted to the defender's probation, at the day assigned to him for that effect he produced an incident. The pursuer, in the principal cause, alleged, No incident for any evidents or discharges made to the defender's father, because he being the person who ought to succeed him, these writs should be presumed to be in his own hands. Answered, That he not being heir to his father could be accounted in effect but a stranger. The Lords, in respect of this reply, sustained the incident.

Spottiswood, (Incident Diligence.) p. 172.