Declarator was refused on a gift of escheat, which did not mention a preceding horning; tho the action of declarator specified the horning.
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A declarator of liferent being sought upon a gift granted at court, and superscribed with the King's own hand there, wherein there was no special mention made of any horning, bearing the rebel to be put to the horn for whatsomever cause proceeding; the Lords found no declarator could pass upon that gift, wherein no special horning was inserted, albeit the summons of declartor was libelled upon a special horning, which preceded the gift year and day, and which the pursuer produced, and whereto he restricted his gift, as if the same had been inserted specially therein; and which he alleged was sufficient, seeing there Was no contrary donatar, and that the King's officers quarrelled not the same, and that it was obtained at court, where the ignorance of that omission is excuseable; and that the donatar is content to pay the debt of that horning produced; notwithstanding whereof no process was found upon that gift, wherein no special cause of rebellion by a special horning was expressed.
Act. Burnet.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 346. Durie, p. 397.
