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In a declarator of astriction, the question occurred, how far the neglecting to call the heritor of the servient tenement, is supplied by his appearing, sisting himself as a party, and litiscontestating. The Lords found, That however a man's appearing for his interest may give ground for a decreet of preference against him, yet where he is not called, and no conclusion against him, his appearing in the process is no sufficient foundation of a personal decerniture against him.
Fol. Dic. v. 2. 179.*** Kilkerran reports this case:
Where one not called in a process compears for his interest, though such compearance may be ground for a decree of preference, yet it was found, that his appearing for his interest could not be the foundation of a personal decerniture against him.
