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In the reduction of a disposition of tailzie, with a conclusion of declarator, pursued against the apparent heir of tailzie ex capite inhibitionis, executed against the defunct before the disposition; the defender alleged no process, because the annus deliberandi was yet current.
Answered; That such processes having no personal conclusion, may be insisted in within the year of deliberation; and the defender could have no prejudice by a simple reduction of the right, which he might take off by purging the inhibition.
Replied; It is unreasonable to pursue an apparent heir intra annum deliberandi; for that he may have competent defences, which he dares not propone for fear of incurring a behaviour, which would cut off the benefit of deliberation.
The Lords found the defender's allegeance and reply relevant to sist the process against him till expiring of the annus deliberandi; and that the summons bearing the day of compearance within the year, could not be insisted in after the year.
Fol. Dic. v. 1. p. 468. Harsarse, (Aires gesto and Passive Titles.) No 46. p. 10.
