Found, that Sheriffs are competent judges in actions pursued against defenders, as charged upon 40 days, to enter heirs to their predecessors.
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The Lords found, that Sheriffs are competent judges in actions pursued against defenders, as charged upon 40 days, as use is, to enter heirs to their predecessors; and repelled the allegeance, whereby it was alleged, that no inferior judge ought to proceed in such causes, but that such causes were only proper to be cognosced and decided before the Lords of Session; for if the defender should renounce, it were not proper to inferior judges to cognosce, if the renunciation were sufficient or not, or what was or should be the consequence thereof, or if the party should be reponed against the same, or not, but the Lords of Session were only proper judges thereto, which was repelled.
