General service to an apparent heir, against whom an adjudication was led, a sufficient title to quarrel the adjudication.
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Where an adjudication proceeds against an apparent heir upon a special charge, the next heir needs no other title to quarrel the adjudication than a general service to the former apparent heir, against whom the adjudication was led: And of this there is no doubt, so far as concerns his title to quarrel the decree of constitution, being himself liable to the debt in the decree, by his service to the person against whom it was obtained. But it was not so clear, that supposing no objection to lie to the decree of constitution, he could quarrel the adjudication upon nullities, until he served in special to the person last infeft in the lands.
Nevertheless, it was in this case found, that the general service to the apparent heir, against whom the adjudication was led, was a sufficient title to quarrel not only the decree of constitution, but also the adjudication, upon whatever ground.—vide 19th January, 1669, Johnston contra Sir Charles Erskine, No. 10. p. 213.
