Whether an Heir, who has renounced, must be further Discussed.
Cowan v. Murray
Date: 26 January 1622 Case No. No 28.
An heir of line having renounced; it was found that before process could be sustained against the heir of provision, the heir of line behoved to be fully discussed.
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John Cowan, burgess of Stirling, having pursued ———— Murray, eldest son, and lawfully charged to enter heir to his father; and also in this same process, having pursued another son of a second marriage, who was provided to certain lands by the father, for payment of a debt owing by the father to the pursuer, the Lords found no process against the eldest son of the second marriage, until the general heir were first discust; albeit it was answered, that the said general heir was called in this same process, and that the pursuer could not discuss him any further, seeing he being convened in the process, as charged to enter heir, he compeared, and offered to renounce to be heir; which the pursuer alleged ought to make his process to be sustained against the son of the second marriage, he being convened as heir of that marriage, upon the provision conceived in favours of the heirs of the second marriage: Which the Lords would not sustain, until the general heir were fully discust, as said is.
Act. ——.Alt. Nairn.Clerk, Hay.
Fol. Dic. v. 1. p. 248. Durie, p. 10.
