Were we to sustain this motion to dismiss the writ of error, we would subordinate substance to shadow. Courts look to the substance rather than the mere form;. Ward v. Teller Reservoir and Irrigation Co., 60 Colo. 47, 153 Pac. 219; Kern v. Campbell, 97 Colo. 64, 47 P.2d 688. Here, it is patent from the record that Cunningham filed the caveat in his individual capacity.