Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
Lady Kirkness v. -
1676.
November.
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Where reduction is raised of a comprising that is assigned; if seasine has followed on the comprising, either in the person of the cedent or assignee, and the author disponer be not called, then no process will be sustained in the reduction till he be called; (only some Lords are so lax as to allow him to be called cum processu, and grant an act and warrant for it:) but if it be only yet a personal right of a comprising that is assigned, and no infeftment yet taken on it, then the author needs not to be cited. A defender in a reduction is obliged to produce no writs that he condescends to be in publica custodia, viz. the books of session, nor any save those that are particularly called for, or such against which there is a special reason libelled.
Thir two last were found in the improbation pursued by the Lady Kirkness, relict of Mr Patrick Oliphant, Advocate, against sundry Creditors.
