Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Alexander Inglis
v.
Drummond

Date: 27 Jan 1624

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In an action of adjudication, pursued at the instance of Alexander Inglis against Drummond, who was the party called as charged to enter heir to his debtor, and who had renounced to be heir;—The Lords sustained the action of adjudication; albeit it was alleged that adjudication could not be sustained but where first there was a sentence preceding, declaring the debt for which the adjudication was sought; which this pursuer had not, seeing, by having pursued the defender for registration of the bond, he was assoilyied, because he renounced to be heir, and so the bond should have been registered cognitionis causa, which is not done. This allegeance was repelled, because, in that absolvitor, the pursuer protested that he might have action contra hæreditatem jacentem: which protestation was admitted in that same absolvitor by the Lords. And, being admitted, the Lords found it sufficient to produce this action, and that there was no necessity to seek any other decreet of registration cognitionis causa, but sustained the process upon that protestation admitted.

Act. Kinross. Alt. ——. Gibson, Clerk.

Page 102.