Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. IV.

Reduction of Services of Heirs.

Sir Alexander Hume
v.
Creditors of Kello

Date: 28 June 1667
Case No. No 17.

A retour of a forfeited person was found not reducible unless by summons of error.

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Sir Alexander Hume being donatar to the forefaulture of John Hume of Kello, did obtain a warrant for retouring the said John, fire years in possession of certain lands, before the forefaulture, but the inquest served negative; and now he pursues a reduction of the retour, on this reason, that it is contrary to the testimonies of the witnesses adduced. It was alleged no process, because the reduction of retours is only competent by a summons of error, in Latin, under the quarter seal. It was answered, That is only in the case where the assizers are insisted against for their error; and the constant custom of the Lords has been to sustain a summons of reduction before themselves of this method.

The Lords sustained the defence, and refused process, albeit it was known to them, that the custom has been contrary of a long time before.

Fol. Dic. v. 1. p. 170. Stair, v. 1. p. 466.