Subject_1 EXHIBITION AD DELIBERANDUM. Subject_2 SECT. II.
Who liable to Exhibit? - No interest to call for Writs where the Defunct was Denuded. - Ought to be no conclusion for Delivery, nor for Count and Reckoning.
Hume v. L Blackader.
Date: 16 March 1637 Case No. No 18.
An apparent heir found entitled to call an intromitter to account, in order to determine, by the balance, whether to enter or not. See No 20.
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One Hume, son to George Hume of Eccles, pursues the Laird of Blackader, to make count and reckoning of the estate, intrusted to him by his umquhile father, for defraying of his debts, that he might advise therewith, and consider if he should enter heir to his umquhile father or not, who alleging, That this process for count and reckoning, ought not to be sustained at the instance of an apparent heir, being only proper to one served heir, and that it was a novelty to sustain it otherways, the Lords repelled the allegeance, and sustained process at the apparent heir's instance, for the effect foresaid.
Act. Craig.Alt. Belshes.Clerk, Gibson.
Fol. Dic. v. 1. p. 285. Durie, p. 838.
