Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XX.

Citation in Reductions and Improbations.

Lord Advocate
v.
Lord Cardross and Laird of Livingston

1684. November.
Case No. No 87.

Authors liable in warrandice, must be called.

Click here to view a pdf copy of this documet : PDF Copy

It being alleged by the defender in an improbation, that no certification could pass against writs granted by his authors, unless the authors immediate and mediate were called,

Answered for the pursuer, It is enough to call the immediate, who may intimate to the mediate authors, as they find themselves concerned.

Replied, The mediate authors ought also to be called, because they are liable in warrandice.

The Lords found, That all authors should be called by the pursuer, as they are condescended on by the defender, who is to give his oath of calumny, that the persons in the condescendence are authors, and liable in warrandice. And if the pursuer will not be at pains to cite old authors, he may pass from the rights made to or by them, and restrict the libel. Here was a condescendence of near twenty mediate authors; and this decision seems to render improbations tedious and chargeable to the pursuers.

Fol. Dic. v. 1. p. 138. Harcarse, No 549. p. 152.