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The Lord Yester adjudging the umquhile Duke of Lauderdale's estate, on this Earl of Lauderdale's renunciation to be heir, for the §£.7000 Sterling of tocher yet remaining unpaid; it was alleged, it cannot be summarily called amongst the acts. This being reported by Pitmedden, the Lords found it ought to be seen in communi forma, though it was on a renunciation; because, 1mo, It was the first adjudication, and so there was no hazard of Yester's being prevented, 2do, The apparent heir, though renouncing, had interest to see there were no other lands foisted into it.
Fol. Dic. v. 2. p. 405. Fountainhall, v. 1. p. 377.
