[1671] 2 Brn 584
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date:18 November 1671 Click here to view a pdf copy of this documet : PDF Copy
One being convened upon the passive titles to pay a debt owing by his father, and the pursuer insisting against him, as lawfully charged to enter heir; it was alleged the charge was unlawfully and unwarrantably given, in so far as it was not executed against him till after the execution on the summons, and that being the passive title on which ye intended to make me liable, it behoved to precede the summons, and exist before the same. To which it was replied,—That it needed not pre-exist, but behoved to exist, though supervenient; as well as a summons against a man as heir, will be sustained against him, though he was not heir served and retoured the time of the executing the summons, but be served long thereafter.
The Lords found there was not par ratio, and therefore refused process against him as lawfully charged on that summons.
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