Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATION contra hæreditatem jacentem.
Cairncross v. Lord Drumlanrig
Date: 14 March 1628 Case No. No 2.
In a process of adjudication contra her, reditatem jacentem, the pursuer found not obliged to instruct his title, but the decree passed, salvo jure.
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Robert Cairncross charged Jean and Marion Scots, to enter heirs to their father William; and upon their renunciation, he craved adjudication of a tenement of land in Hawick, pertaining to umquhile William.——Compeared the Lord Drumlanrig, and alleged, That he was heritably infeft in the barony of Hawick, whereof the town was a part; and therefore, unless the pursuer would verify, that the said William was infeft in the tenement holden of him, it could not be adjudged to pertain to the pursuer.——Replied, That the right which flood in William Scot's person, behoved to be adjudged to pertain to him; and he decerned to be infeft in the same manner that William was.——The Lords repelled the exception, without prejudice to Drumlanrig's right, prout de jure.
