Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir John Hall of Dunglass v. Sir William Sharp of Stonyhill
Date: 30 June 1694
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In Sir John Hall of Dunglass's process with Sir William Sharp of Stonyhill, the question occurred,—If a creditor singly, by warrandice in a disposition, before a distress, may pursue a reduction of a right, on the Act of Parliament 1621, as prejudicial to him, declaratoria juris, to take effect when the distress, or eventual eviction, shall exist.
The Lords remembered, that, in Robert Burnet's case, they allowed a cautioner, before distress, to adjudge, lest he should be without year and day; and so they found here he might pursue a reduction declaratoria juris. Sir George M'Kenzie, in his commentary on the said act 1621, is also of this opinion.
