Action of special declarator at the instance of the representative of a donatar sustained without transference, the donatar having obtained general donatar.
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Umquhile William Douglas, as donatar to the escheat and liferent of John Stuart, having obtained general declarator thereon, after his decease, his executors pursue the intromitters with the teinds of Ednem, for payment thereof, for certain years preceeding the donatar's decease, as pertaining to the said John Stuart. This action of special declarator, for the said by-past years, was sustained at the instance of the executors; and no necessity found that they should first transfer the general declarator in them as executors, neither were they holden to produce John Stuart's title and right to the tenuis as the title of this pursuit; but it was found enough to prove the same cum processu; and the defender being convened, as lawfully charged to enter heir to his father, who was intromitter, and he offering to renounce, and a term being assigned to him to produce his renunciation, it was found that the pursuer might take the same term, to prove his summons, whereby it might have effect if the defender renounced not, and if he renounced, that he might use sentence against him therein cognitionis causa.
