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It had been the constant style in the Outer-house, to decern against heirs cum beneficio, delaratorie, but very improperly; for decrees declaratorie are only proper where the subject alone, and not the person, is to be thereby affected, as in the case of decrees cognitionis causa and the like; but a decerniture declaratorie, where the person is decerned against, which is the case of an heir cum beneficio, is inept; and the proper style of such decrees was found to be, what had been pronounced by an Ordinary in this case, viz. “Decerning against the heir for the debt, reserving to him his objections against full payment.”
Fol. Dic. v. 3. p. 262. Kilkerran, (Heir cum beneficio.) No 4. p. 240.
