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Scottish Court of Session Decisions >>
Fotheringhame v Fotheringhame's Relict. [1623] Mor 2241 (6 December 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0602241-120.html Cite as:
[1623] Mor 2241
In an exhibition of some heritable writs, at the instance of an heir against his father's relict, and some other persons as havers, the Lords found that the debtors needed not to be summoned, as there was no execution craved against them.
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In an action pursued at the instance of —— Fotheringhame, as heir to umquhile Alexander Fotheringhame, uncle to the L. of Powrie, against the Relict of the said umquhile Alexander, and against certain others, who were convened at the heir's instance, for production of certain heritable bonds and obligations made to the defunct by certain persons his debtors, enumerate in the summons, the Lords found, that the debtors needed not to be summoned in that action of exhibition, who were makers of the bonds; but sustained the process without their citation, seeing there was no execution craved against them by that pursuit, and that the relict, and others havers, were convened for production of these bonds, which were in the defunct's possession the time of his decease, as his own proper writs, and were thereafter intromitted with by the relict, or by the other defenders, who, albeit they were strangers, might be also convened for production, without calling of the makers of the obligation.
Act. Hope, Aiton, et Craig.Alt. Nicolson et Oliphant.Clerk, Gibson.
Fol. Dic. v. 1. p. 142. Durie, p. 87.
