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Scottish Court of Session Decisions >>
A. v B. [1666] Mor 3578 (18 December 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0903578-030.html Cite as:
[1666] Mor 3578
Whether an Heir, who has renounced, must be further Discussed.
A v. B
Date: 18 December 1666 Case No. No 30.
Found in conformity with Cowan against Murray, No 28. p. 3577.
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In a process against an heir of provision, it was alleged, That the heir of line ought to be first discust; it was replied, That the heir of line was convened and renounced; and it being duplied, That the estate belonging to the heir of line, and whereto he should have right if he were served heir, ought to be discussed,
The Lords found, no process against the heir of provision, until the heir of line was discussed; and that the renunciation of the heir of line was not sufficient; but that the creditor behoved to proceed to adjudication contra hæreditatem jacentem, belonging to the heir of line.
