Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
George Mackenzie of Inchcouter v. Lord Mount Steuart
Date: 10 June 1709
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Lord Cullen as Probationer, in place of Lord Philiphaugh deceased, reported Inchcouter against Lord Mountsteuart. George Mackenzie of Inchcouter pursues the Lord Mountsteuart as heir of line and tailyie to Sir George Mackenzie of Rosehaugh, advocate, for payment of a sum in a wadset.
Alleged,—No process against me; because the Lady Langtoun, the co-heir of line with me, is not called, as she ought to be. Answered,—No necessity of citing her; for your tailyie is expressly with the burden of all the debts, and so you can never reclaim. Replied,—All the heirs-portioners must be brought into the field; for the other may have defences to exclude the debt which are unknown to me.
The Lords would not cast the process for want of this citation, but sisted process till the co-heir of line were called incidenter; and granted diligence for that effect: and that being done, then allowed the process to go on.
