Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Bisset
v.
Forbes

Date: 9 February 1627

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In an action of registration, pursued by Bisset against Forbes, as son and heir to his umquhile father, at least lawfully charged to enter heir, at least successor to his father's lands and heritages, titulo lucrativo, at least who hath behaved himself as heir to his father, by intromission with his heirship-goods and gear;—it was alleged, No process till summons were continued. Replied, Not necessary; because he insisted first upon that alternative, as lawfully charged to enter heir, which he verified by writ. Duplied, Let him pass then from the rest. After he had refused to do that, then the defender offered to renounce. Triplied by the pursuer, He could not, because he offered him to prove, that he had behaved himself as heir. Then the defender said, he behoved to continue his summons, that being one of his alternatives. The pursuer contended, he needed not, because he alleged it only by way of reply: yet it was found he should continue.

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