Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Earl of Tullibardine
v.
James Dalziell

1617. February
Case No. No 6.

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In an action between the Earl of Tullibardine and James Dalziell, the Lords found, that James Arnot, who proponed an allegeance upon a tack set to the Laird of Clunie, the right whereof pertained to him as assignee to James Dalziell, who was assignee to the Laird of Clunie's escheat, might improve the horning executed at the instance of James Dalziell, upon the which horning, the tack set to Clunie was found null, as being set by the Earl of Athol, who was then rebel, at the instance of the said James Dalziell.

Kerse, MS. fol. 206.