Whether an Heir, who has renounced, must be further Discussed.
John Auchterlouny v. William and Annas Guthries
Date: 25 June 1629 Case No. No 29.
An heir of line having renounced, it was found, that the heir of provision might be pursued, without farther dissussion of the heir of line.
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John Auchterlouny obtains a decreet of registration of a bond made by umquhile Alexander Guthrie for 100 merks, against William Guthrie, heir of tailzie to the said umquhile Alexander, in which action of registration, Annas Guthrie, heir of line to the said umquhile Alexander, was called and assoilzied, in respect she renounced to be heir, and the registration only ordained against her cognitionis causa, to have execution contra hæreditatem jacentem upon the said decreet of registration. The said William Guthrie, heir of tailzie, is charged by the creditor; he suspends upon this reason, that the heir of line should be first discussed; and although both the heir of line and of tailzie may be pursued in one libel, yet the heir of line ought first to be discust; and although she renounces, yet he might pursue for adjudication from her, of such rights as fell to her as heir of line; and, till the charger follow out this course, he could not charge the heir of tailzie. To which answered the charger, having convened the heir of line, and she having renounced, it was in his option, either to pursue the heir of tailzie or seek adjudication. The Lords found the letters orderly proceeded against the heir of tailzie, but ordained the charger to make assignation of that right to the heir of tailzie, that he might crave adjudication for his relief of the rights pertaining to the defunct, whereunto the heir of line might succeed.
