Citation in Process at the Instance of a Legatee. - At the instance of an Assignee. - In Process of Locality. - Of Pension. - Of Declarator of Extinction or Payment.
Reidfoord v. Johnston
1683.
November. Case No. No 40.
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In a declarator at the instance of an appriser, for declaring another's prior apprising to have been extinct and satisfied within the legal, by his and his author's intromission; the defender alleged, no process, in so far as concerned the author's intromission, in respect authors were not called.
Answered: The defender's apprising not being quarrelled by reduction or improbation, to take away the right, as not good, or insufficient, but only by declarator, as being satisfied within the legal, the pursuer needed not to call authors; but if the defender pleased, he might cite them cum processu, or intimate the action to them.
The Lords repelled the allegeance, in respect of the answer.
Fol. Dic. v. 1. p. 135. Harcarse, (Comprisings.) No 295. p. 69.
