Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Robert Stewart
v.
Janet and Rachel Stewart

Date: 17 January 1632

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Robert Stewart convened Janet and Rachel Stewart, daughters to his brother, Mr Lodovick, as charged to enter heirs-portioners to their umquhil father. They having renounced, he craved adjudication of certain lands and acres belonging to their father. Compeared the said Rachel, one of the daughters, and alleged, That she, having convened her other sister, Janet, who was her sister-german, as heir to her father, she had renounced; whereupon the defender had intented an action of adjudication of the same tenements, &c. before the pursuer, and therefore should be preferred to him, at the least come in pari passu with him. Replied, The defender's decreet-absolvitor, whereupon the adjudication is craved, is null, and ought not to be respected, because the said umquhil Mr Lodovick having two daughters, and apparent heirs-portioners to him, the decreet is obtained only against one of them, and the said defender ought to have assigned her debt, and caused the assignee convene both the heirs, and obtain decreet against them; which is not done here. Duplied, That which she might do by an assignee, she might do in her own name; and being pursued, she could not call herself, but only the other sister, hoc attento maxime, that she craves adjudication for the half. The Lords found the allegeance relevant to make her come in with the other.

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