Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATION contra hæreditatem jacentem.
Andrew Ker, Merchant in Edinburgh, v. Katharine Primrose, Relict of Mr David Heriot, Advocate
Date: 4 January 1709 Case No. No 8.
Adjudication, upon renunciation, sustained; although obtained before an inferior judge.
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In a competition, betwixt Andrew Ker and Mrs Heriot, for the mails and duties of some acres of land in Corstorphine:—The Lords sustained an adjudication at her instance, upon her son's renunciation, and a decreet cognitionis causa, obtained before an inferior judge, within whose jurisdiction these, acres lay; albeit it was alleged for Mr Ker, That as no inferior judge can discuss the competition of heritable rights, far less are they competent to adjudge them from the debtor to the creditor. And adjudications, upon renunciations to enter heir, were, long after apprisings were warranted by statute, introduced by the Lords of Session, ex nobili officio, for supplying the defect of our law, which argues, that they cannot be pronounced by inferior judges. (See Jurisdiction.)
