Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. VI.

Objections to Hornings, whether proponable by Exception.

Logan
v.
Carlile

1583. July.
Case No. No 26.

Found, that a horning cannot be taken away by exception.

Click here to view a pdf copy of this documet : PDF Copy

There was ane Logan, who, having obtained the gift of the escheit of George Douglas of the Parkhead, pursued Michael Carlile for intromission with certain teinds pertaining to the said George.—It was alleged be the defendar, That the horning whairupon the gift proceeded was null in the self, because it was execute, and he denounced rebel at the market cross of Edinburgh and Lannerig; and truth it was, that he dwelt in the mean time in Kirthoril, and the said towns were not the head burghs of the shires whair he dwelt in the mean time, and swa conform to the last practice betwixt Angus and Home, voce Execution, the said horning was null in the self; and that he offered him to prove conform to his allegeance, that he dwelt in the mean time in Kirthoril.—To this was answered, That he could not now be heard to oppone his allegeance, be way of exception; but the said horning ought to stand still quhill it were reduced via actionis, for otherways he would offer him to prove with the exception.—The Lords fand be interlocutor, That the horning could not be tane away be way of exception; licet nonulli dominorum in contraria fuerunt opinione, that it was nullitas juris and might, conform to the act of Parliament, be tane away be way of exception.

Fol. Dic. v. 1. p. 171. Colvill, MS. p. 236.