Scottish Court of Session Decisions

Subject_1 DEATH.
Subject_2 SECT. IV.

Where a Master or Tenant Die after Warning.

Hume
v.
Hume

Date: 27 January 1630
Case No. No 12.

Found in conformity with No 10. supra.

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In a removing, the father who was warned, being dead before that summons was raised upon that warning, and his son being summoned to remove by the summons which was raised upon that warning against the rest of the possessors, who were warned also with his father; the Lords found no necessity to warn the son of new again to remove at another Whitsunday; but sustained process against him, upon the warning made to his umquhile father, his son being cited in this summons with the rest of the defenders, who were warned when his father was warned, albeit the son was not warned.

Fol. Dic. v. 1. p. 210. Durie, p. 486.