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Maxwell of Munsches v Maxwell of Barnbachel. [1697] 4 Brn 377 (16 July 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040377-0776.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Maxwell of Munsches v. Maxwell of Barnbachel
Date: 16 July 1697
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Philiphaugh reported Maxwell of Munsches against Maxwell of Barnbachel. It was a reduction of a decreet on this nullity,—that I am decerned, on the passive title, as lawfully charged to enter heir, and yet the decreet does not bear the production of any general charge or executions thereof.
Answered,—You took a day to produce a renunciation to enter heir, (which acknowledged the charge,) and suffered the term to be circumduced against you for not doing it; and so cannot object this nullity now, you having acquiesced.
Replied,—The offering a renunciation appears now to have been a mistake; for, if I had known there was no general charge, I would never have taken a day to renounce; and it is as essential a nullity as if one pursued on a bond and the same were not produced; as was found lately betwixt Mr David French and David Dewar.
The Lords here refused to repone against this decreet; and found it abundantly supplied by their offering a renunciation; especially seeing the charge and executions are now produced to fortify the decreet.
