Scottish Court of Session Decisions

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ADJUDICATION contra hæreditatem jacentem.

M'Calla
v.
Coustoun and Guill, &c

Date: 27 January 1680
Case No. No 5.

An Adjudication being led contra hereditatem jacentem, upon a renunciation; the heir afterwards entering, found to have no right to redeem the adjudication.

Click here to view a pdf copy of this documet : PDF Copy

Malcolm M'Calla having pursued James Coustoun, as representing his father, for payment of his father's debt, as charged to enter heir to him; he rerenounced to be heir, and was assoilzied; and M'Calla obtained adjudication, contra hereditatem jacentem; but thereafter, Coustoun enters heir to his father, and assigns his right to one Guill; and they jointly pursue reduction of the adjudication, and offered to satisfy the debt. It was answered, That Coustoun having once renounced to be heir, had no recourse against that party, to whom he renounced, nor any reversion of his adjudication, which was competent to other creditors adjudging, and no way to Guill as assignee to Coustoun.

The Lords found Coustoun having renounced or assigned, he had no reversion, or recourse to satisfy M'Calla's adjudication.

Fol. Dic. v. 1. p. 3. Stair, b. 2. p. 749.