Scottish Court of Session Decisions

Subject_1 LEGAL DILIGENCE.
Subject_2 SECT. III.

Process against parties subsidiarie liable.

Thomas Edgar
v.
The Laird of Craigmillar

Date: 13 July 1626
Case No. No 21.

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It is the common practice that the heir of line must be discussed before the heir of tailzie, yet they may be both convened to hear and see bond registrated against them as heirs, albeit execution cannot be used against the heir of tailzie till the other be discussed first.

Fol. Dic. v. 1. p. 538. Spottiswood, (Heir and Heirships.) p. 136. *** Durie reports this case:

In a registration of a bond granted to Thomas Edgar, by the umquhile Laird of Craigmillar, which was craved by the said Thomas to be registrated against the heir of line, and also against the heir-male and of tailzie, this action was sustained against them both, by the same summons in one action, and the bond was decerned to be registrated against them both, but the execution against the heir of tailzie was superseded, until the heir of line was first discussed, as use is.

Act. Lawtie. Alt. Belshes. Clerk, Gibson. Durie, p. 216.

*** See a similar decision, 12th February 1630, Creditors of Fairly against his Heirs, No 2. p. 3559. voce Discussion.