Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. XI.

Quadrennium utile.

Belshes of Tofts
v.
Calderwood of Pittedie

Date: 8 November 1687
Case No. No 182.

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A person having intra annos utiles raised revocation and reduction of a disposition against the receiver, without calling the party who had acquired the lands from him, and was in possession, he thereafter commenced a reduction of the singular successor's right in consequentiam.

Alleged for the defender; That he not being called in the first reduction, the reduction was not competent against him, now that the anni utiles are expired.

Answered for the pursuer; The interruption of the prescription of the quadriennium by the first reduction must be effectual against all pretending interest in the right craved thereby to be reduced. And the defender's absence from that process put him only in a condition to allege against the revocation and reduction what he could have said if then called and compearing.

“The Lords sustained the pursuer's answer relevant.”

Harcarse, (Minority.) No 718. p. 203.