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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Adjudication
1677.
December.
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Where one obtains a decreet against his debtor's heirs, as lawfully charged to enter heir in general, and they do not compear nor renounce to be heir; before one can adjudge on the new Act of Parliament, 1672, it will be safest to raise a special charge to enter heir, and execute it, before they raise the summons of adjudication, though that Act of Parliament mentions it not. Likeas, though the said Act mentions not the calling of the superiors, in thir summonses of adjudications, yet it will not be amiss to call them, as is done in the adjudications upon the apparent heir's renunciation.
