Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Rachell Stewart
v.
Robert Stewart

Date: 17 January 1629

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Rachell Stewart, one of the two daughters and apparent heirs of Lodovick Stewart, upon a bond made to her by her umquhile father, charges her sister to enter heir; and, upon her sister's renunciation, obtains decreet, cognitionis causa, contra hæreditatem jacentem, and intents action of adjudication: Sicklike, Robert Stewart, brother to the defunct, for sums of money addebted to him, charges both the daughters to enter heirs. They both renounce;—he pursues for adjudication. In the which action, compears the said Rachell; and alleges, That she having intented the first process of adjudication, upon her sister's renunciation, ought to be preferred. To the which it was replied, That her process was null, in so far there being two daughters, apparent heirs, they ought both to have been charged to enter heirs, and both to have renounced, before an adjudication could have been granted. But so it is, that she had only charged her sister, one of the heirs; ergo, &c. To the which it was duplied, That she could not charge herself, and that she was content to restrict her summons of adjudication to that half of her father's heritage which might fall to her sister, whom she had charged, and who had renounced. Which duply the Lords found relevant.

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