Citation in Process of Forthcoming. - In Adjudication. - In Reduction ex capite inhibitionis.
Thomas Courty v. Martin Stevenson
Date: 16 July 1678 Case No. No 112.
In an adjudication against a vassal, the superior need not be called.
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An adjudication quarrelled, 1ma, because the decreet cognitionis and adjudication were both in one; yet the Lords sustained this cumulation, though not customary, 2do, Being obtained before the Sheriff of Edinburgh, he had not called the Duke of Buccleugh superior, who was out of the country, by a supplement. The Lords found no necessity of calling superiors. 3tio, He sought contrary things, both to reduce another's right and to redeem it. The Lords found he might insist on either of the two conclusions he pleased.
