Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. IV.

Reduction of Services of Heirs.

Mitchelson
v.
Mitchelson

Date: 4 January 1677
Case No. No 18.

A service of a younger brother, to which the elder was not made a party, found not to interrupt the service of the latter, altho' not reduced.

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A Younger brother being served, before the Bailies of Kirkcaldie, heir of line to the immediate elder brother; thereafter the eldest brother did desire to be served heir of conquest to the same person; and the Bailies not being clear to proceed, in respect of the former service, unless it had been reduced; The Lords thought, That, upon their refusal, the elder brother may advocate for iniquity; and that the brieves may be served before the macers, and that the eldest brother being wronged by the foresaid service, to which he was not called, so that it was res inter alios acta, he ought not to be prejudged thereby, nor put to the trouble and charges of a reduction.

Clerk, Gibson. Fol. Dic. v. 1. p. 171. Dirleton, No 416. p. 204.