Found that, in a poinding of the ground, it was sufficient to call the defender being infeft, although under reversion; and that there was no necessity to convene any other heritor, because thus it would be as reasonable to call the heritor's author; nor had the pursuer any necessity to know of the reversion, because it might be discharged.
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Gilbert Williamson being convened as heritor of a tenement of land, and the present tenants and possessors thereof, by Henry Cunninghame, for poinding of the ground for an annualrent, wherein he was infeft out of the land; wherein the defender alleging, that he who stood heritably infeft, and in possession of the land, not being summoned to this action, no process ought to be granted therefor; for albeit the pursuer replied, that Gilbert Williamson, who was convened, was heritably infeft, so that he needed convene no other but him and the present possessor; yet he duplied, that his right was under reversion, so that his author, who still remained heritor, ought to be convened to defend in this pursuit, the absolute right being yet consisting in his person. The Lords found, that this defender being infeft, albeit under reversion, there was no necessity to convene any other alleged heritor; for if it were so found, there were a like reason to convene that heritor's author. And as to the reversion, the pursuer had no necessity to know the same, for it might be discharged or not as they pleased among themselves; but if that person, or any other, pleased to compear for his interest, he might be admitted.
Act. Cunninghame.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 141. Durie, p. 562.
