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Richardson v Livingston. [1721] Mor 3989 (00 January 1721)
URL: http://www.bailii.org/scot/cases/ScotCS/1721/Mor1003989-011.html Cite as:
[1721] Mor 3989
Subject_1 EXHIBITION AD DELIBERANDUM. Subject_2 SECT. I.
Competent to all sorts of heirs.
Richardson v. Livingston
1721.
January. Case No. No 11.
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An adjudication being led contra hæreditatem jacentem upon the apparent heir's renunciation, it was argued, That the apparent heir afterwards resolving to enter, could not have exhibition ad deliberandum against the adjudger, because the renunciation was a virtual approbation of the adjudger's diligence. Answered, There is no presumption when one renounces, that he does it in any other view than to save himself from being liable; and, when he afterwards proposes to enter, there is the same reason he have an exhibition ad deliberandum against the adjudger as any other. The Lords refused the action ad deliberandum in this case. See Appendix.
