Objections to Hornings, whether proponable by Exception.
L Smeton v. Relict of Spiers
Date: 29 November 1626 Case No. No 30.
A horning found null by exception.
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In a special declarator, at the instance of L. Smeton, donatar to the liferent of — Lidderdale of St Mary's Isle, against the relict of William Spiers, who was convened as intromissatrix with a debt of the rebel's;——The Lords found an exception of nullity proponed against the horning, whereupon the general declarator was decerned, to be relevant, bearing, ‘That the charge of that horning, was a charge to find caution of lawborrows;’ likeas before the denunciation, and within the days of the charge, caution was found; and he produced the act of caution, which was dated before the denunciation, the date of which denunciation was contained in the decreet of general declarator; in respect whereof, the same being instantly verified, the horning was found null, notwithstanding of the sentence of general declarator; for this was proponed for a creditor, who was not called in the general declarator.
Act. Lawtie.Alt. Foulis.Clerk, Gibson.
Fol. Dic. v. 1. p. 172. Durie, p. 239.
