Transference of a decree of poinding the ground, to the executor of the obtainer.
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A decreet of poinding of the ground for an annualrent, being desired to be transferred in the executor of the obtainer; in which transferring the heir of him, against whom the sentence of poinding was obtained, and also another heritor of the land, who had acquired the right thereof since that decreet, but not from any of the defenders in that sentence, were called in this transferring; and this heritor alleging, that the transferring could not be sustained against him, seeing he was not a party in the first sentence, and therefore the transferring cannot be against him, which cannot be craved against any but those who were then called; which allegeance was repelled, and the action of transferring sustained, seeing he was called only for his interest, and nothing concluded personally against him, and that the transfering was craved active the pursuer only.
