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Found that an apparent heir of provision might pursue an exhibition ad deliberandum active, and had the benefit of the annus deliberandi when pursued passive.
Fol. Dic. v. 1. p. 467. Harcarse, (Exhibition.) No 488. p. 134.*** Sir P. Home reports this case:
In an action of exhibition ad deliberandum, at the instance of James Forrest against —— Scot, it being alleged for the defender, That the pursuer being heir of provision, could not pursue an action ad deliberandum, which was only competent to the apparent heir of line, the Lords repelled the defence, and sustained the process ad deliberandum at the instance of the heir of provision.
Sir P Home, MS. v. 1. No 608.
*** See P. Falconer's report of this case, No 5. p. 3984.
