A horning, whereon denunciation followed during the rebel's life, might have been registered after his death, and escheat might have fallen upon it.
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In a declarator of the escheat of umquhile William Blair, rebel, at the instance of the young Laird of Ley, donatar thereto, against his relict, and brothers and sisters;—compeared in this process one of the rebel's creditors, and alleged that the horning, whereupon declarator was sought, was null, because the rebel was deceased before the registration of the said horning. This allegeance was repelled, and the horning sustained, albeit not registrate till after the rebel's decease, seeing he being lawfully denounced in his lifetime, the party might lawfully registrate the same quocunque tempore, as well after the rebel's decease, as before, being done debito tempore, within the time required thereto; for his intervening death could not be found a lawful impediment to hinder the user of the horning, to adhibit that solemnity which was required thereto of the law.
Act. Mowat.Alt. —.Clerk, Hay.
Fol. Dic. v. 1. p. 210. Durie, p. 250.
