Defences in a summons of violent profits, 1588. 1mo. Accepted the summons for one of the defenders who was charged as heir to his father; at least lawfully charged to enter heir; at least who had behaved himself as heir by intromission with his goods and gear; at the least was universal successor to him titulo lucrativo, andc. and offered to renounce. 2do. Where he is called universal successor, the pursuer should declare wherein. Replied, He shall prove this last in termino probatorio. Ordained to condescend, in special, wherein the defender was universal successor, and ordained Sharp to bring a special procuratory from the defender to renounce in termino probatorio, which should be taken to prove him universal successor.
After other frivolous exceptions against the libel, andc. the summons were admitted to probation; with reservation of the modification of the violent profits to the Lords themselves.
[1588] 1 Brn 124
Bailii
Scotland
Updated: 14 January 2022; Ref: scu.563151