Objections to Hornings, whether proponable by Exception.
Commendator of Kilwinning v. Laird of Blair
1590.
March. Case No. No 27.
Found as above.
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The Commendator of Kilwinning being put to the horn be the Laird of Blair, his grand-father, the gift of his escheat for being year and day at the horn, was taken to his own son; and upon the said gift they pursued for a declarator. Gavin Hamilton of Raplock having also obtained a gift of the Commendator's escheat and liferent, for being year and day at the horn, for some other cause, persewit also to have an declarator upon his gift.—It was alleged be Gavin, who had the second gift, That the hornings, and executions thereof that were produced for the Commendator's son were null, because the letters and charges whairupon the executions of horning passed, were for the payment of ane minister's stipend, the whilk stipend was paid, and for that cause acquittance being produced, the letters were suspended, and so the cause being taken away whairupon the horning proceeded, the horning behoved to fall and be declared null.—To this was answered, That albeit the letters were suspended, yet there was no relaxation frae the horning standing. The King's Majesty had ay good cause to dispone the escheat to the donatar, and the horning could never be tane away without a relaxation, but be way of action or reduction. The other party alleged, That the same in respect of the suspension might be taken away be exception.——The Lords found, That they would not take away the horning be way of exception.
