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In an action of ejection pursued by Sir Belmure contra the Tenants of Glengowar, for ejecting them furth of the lands of Nether Glengowar, this exception was found relevant, that decreet of removing was recovered by umquhile Mark, Earl of Lothian, against Sir whereupon the Sheriff charged to put the Earl in possession, under pain of horning; the Sheriff ejected lawfully and orderly the said Sir; likeas, thereafter, my Lord Lothian put the tenants in possession; notwithstanding it was answered, That the exception was not relevant, without it were alleged, that Sir was denounced rebel, and put to the horn upon the foresaid decreet of removing, whilk the Lords found nowise necessary to be alleged for the part of the tenants.
Kerse, MS. fol. 190.*** Haddington reports this case:
1610. February 10.—In a pursuit of ejection, the Lords admitted an exception, that the defender concurred with the Sheriff in putting a decreet to execution, for removing this pursuer from the lands libelled, albeit the defender alleged not that this pursuer was put to the horn for not removing.
