A defunct's creditor having discussed the heir general to the length of horning, he is not obliged to comprise the lands, but may next insist against the executors or heir of tailzie or provision.
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Alexander Hume of Renton pursued the heirs and executors of the umquhile Laird Restalrig, for the translation of a decreet obtained by him against Restalrig. It was alleged by the executors, that no process should be granted against them, till the defunct's heirs were first discussed, who had right by the defunct to certain annualrents, reversions, and tacks. It was replied, That the pursuer had charged and denounced the said heirs. The defenders duplied, that they should comprise their lands and tacks. Notwithstanding whereof, the Lords repelled the allegeance, and found the denouncing of the heir as sufficient discussing of him. It was alleged, That the like was found in a pursuit against the Earl of Angus, and the daughter and heir female of umquhile Archibald Earl of Angus.
