Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Annan
v.
Annan

1632. July 25 and November 24.

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A party renouncing to be heir, and willing to propone another exception, is debarred therefrom, because he is not a party against whom decreet, either absolvitor or condemnator, can be pronounced.—November 24, 1632.

In the same action, the executor of the defender his father compears, and desires to be admitted for his interest; because he offers him to prove that the debt for the which he pursues the heir, is paid; at the least, he has as much in his hands, of maills and duties resting by him to the defunct, and confirmed in the defunct's testament, as will exceed the debt he pursues for; which he is content to refer to the pursuer's oath. To this it is answered, That the executor is not called in this process, and so has no interest to compear therein. The Lords admitted him for his interest, and to propone the said exception of payment, to be proven by the defender's oath.—25th July 1632.

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