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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Mowat
v.
Mowat
18 December 1623 Click here to view a pdf copy of this documet : PDF Copy
It was controverted this day, in an action betwixt Mowat against Mowat, if a decreet, given against a party as lawfully charged to enter heir, should hinder the same party, being charged at another party's instance, to enter heir, and so pursued hoc nomine, to renounce to be heir. In this process, seeing many of the Lords contended, that, so long as the other decreet stood given against him as charged to enter heir, it would ever prove against him in all processes betwixt other parties; and that he could never be heard to renounce to be heir, while that decreet be reduced. Of which opinion others were not; for then there needed not another charge to enter heir to be used by any party, but that other decreet inter alios would serve him, without a charge at their instance; which is not allowable. But this point was not decided this day, albeit it hath been decided before, both pro et contra, as it was then affirmed by some of the Lords.
Vid. 20th July 1626. Harvie against Baron.
Page 93.
The electronic version of the text was provided by the Scottish Council of Law Reporting