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In an action of special declarator by George Gordon and George Chalmers of Nock against George Gordon, at the Kirktown of Tyrie, upon a horning executed against him for slaughter of Alexander Chalmers, of Knockburly, in an exception proponed upon a submission which was not expired, repelled in respect it was a dilator, after a peremptor, not verified in the slaughter; and when they declared that they proponed it peremptorily, the Lords fand, that they could not alter the nature of the declinator, by turning it into a peremptor.
