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.
Leslies v. Jaffray
Date: 22 June 1671 Case No. No 21.
Found as above.
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Leslies pursue Alexander Jaffray and others for producing of writs, and counting anent a wadset right, as being satisfied by intromission; and that as apparent heirs, ad deliberandum.
The Lords refused to sustain the summons for count and reckoning, but only for exhibition; albeit there was a practique produced, observed by Durie on the 16th of March 1637, betwixt Hume and Hume of Blackadder, No 18. p. 3996; wherein count and reckoning was sustained at an apparent heir's instance, the custom having been ever since contrary, upon this ground, that no party should be troubled to count at the instance of those who, when the count was closed, cannot exoner them, and yet may put them to make litis-contestation and probation in the cause.
