Objections to Hornings, whether proponable by Exception.
E Wintoun v. -
Date: 14 December 1621 Case No. No 28.
In a declarator of escheat, the Lords refused to receive, by way of exception, an allegeance, that the party dwelt alibi at the time of the charge, than where the execution expressed; but it was reserved to reduce the horning.
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In a declarator of escheat, pursued at the Earl of Wintoun's instance, against——, wherein it was alleged that the horning was null, seeing the party denounced, the time of the denunciation dwelt within the regality, and he not denounced at the head burgh of the regality;——The Lords repelled that nullity against the horning standing, and would not admit the same in that judgment, consisting in facto, and which could not be instantly verified, to stay the declarator; neither would in that judgment find it necessary to astrict the pursuer to prove that the rebel dwelt within the regality, in fortification of his horning, but prejudice to the party to reduce the horning upon that nullity, prout de jure.
Act. Hope.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 171. Durie, p. 7.
