Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATION contra hæreditatem jacentem.
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Date: 26 February 1629 Case No. No 3.
In an adjudication contra hereditatem jacentem, a single summons without continuation is sufficient.
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In an action of adjudication, to hear the debtor's heirship goods be decerned, to be declared to pertain to the creditor, against a party, who being convened before, as lawfully charged to enter heir to the debtor, for payment of the debt, had renounced; this action, it was found, needed no continuation, being accessory to the preceding decreet obtained, wherein the defender had renounced: For here no party was convened for delivery of the heirship, but only adjudication craved of the right, to be declared to belong to this creditor, which was, only to put the creditor in the heir's place. (See Stair's Inst. p. 419.)
