Notwithstanding of a decree on a charge to enter, the heir is still at liberty to renounce, when charged by other creditors.
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In an action betwixt one Ormiston and Orme, the Lords found, That he that was pursued as heir, at the least lawfully charged to enter heir, might renounce to be heir, albeit he being pursued of before by another party were decerned as lawfully charged, not having renounced debito tempore, because that was only in pœnam contumaciæ; and, therefore, being pursued thereafter by another party, that decreet could not prove him heir, unless it were otherwise-proved by the pursuer, that he had succeeded to the defunct in lands or heirship goods.
Fol. Dic. v. 2. p. 340. Haddington, MS. No 714.
*** A similar decision was pronounced. 10th July 1630, Whitelaw against Lord Ruthven, No 58. p. 9707, voce Passive Title.
