Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

D. 219. Glendyning contra the Earl of Nithsdale. 13. January. 1675.

WIlliam Glendining having pursued the now Earl of Nithsdale as Heir to Robert the late Earl of Nithsdale his Father, for fulfil∣ling a Minute betwixt the said Robert Earl of Nithsdale and William Glendinning of Lagan, from whom the Pursuer had Right: and for pay∣ment of the half of the duty of the Lands of Douphingstoun, conform to the said Minut: and Litiscontestation was made in the cause: and for proving the rent of the saids Lands of Douphinstoun, It was craved, that the De∣positions of witnesses, that had been adduced in the like process, intent∣ed against the said Earl, as representing his Father for implement of the said Minute, should be received in this Process: But the Lords having considered, that the said Earl did not represent his Father active,

but was pursued only upon the passive Titles; and that this process against the now Earl, is not against him as representing the last Earl; neither was it alledged that he represents him; Therfor they Found; that the said Depositions could not be repeated in this process; Seing res was inter alios acta; and acta in uno judicio non probant in alio, nisi inter easdem personas; or these who represent him.