An action of locality was dormant from 1797 to 1800, when the common agent moved to “awaken” the case. After conducting further proceedings, the court approved an interim locality. However, Petitioners Alexander Carre of Caverse and Archibald Jerdon of Bonjedward were not made aware that the case had resumed. Further, Mr. Carre, who succeeded to his interest during the pendency of the case, was never made a party. For these reasons, Carre and Jerdon sought to have the case remitted to the Lord Ordinary to prepare a new scheme of locality.