In a special declarator, the Lords found, that there was no necessity to summon the children of the defunct rebel, because a general declarator was obtained against the defunct himself.
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He who obtained decreet of declarator against a rebel in his own time, seeking a special declarator thereof after his decease, if year and day be past, the pursuer needs only to call the heir of the defunct, and not the relict, bairns, or executors.
Fol. Dic. v. 1. p. 137. Haddington, MS. No 2141.*** Lord Kerse reports the same case:
In an action of special declarator, pursued by Hugh Fraser of Culliboky contra one M'Finzean, The Lords found no necessity for summoning the bairns of the defunct, nor to produce the horning, because a general declarator was obtained against the defunct himself, and the defender was convened as heir, and so had no interest to see the horning.
