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In a declarator of simple escheat pursued by one Dunbar against M'Kie, alleged, That the horning whereupon the declarator was craved, having proceeded upon a charge given to M'Kie (Provost of Wigton for the time) to apprehend a rebel, the donatar ought to produce the first charge given to M'Kie, which was with certification if he failzied, our other letters of horning should be direct against him; and the pursuer had produced only the last charge of horning preceding the denunciation. The Lords repelled the allegeance, otherwise these charges being in other men's hands it were hard for the King's donatars to get them.
Spottiswood, p. 149.
*** This case is called by Durie, Dunbar against Mudie, reported voce Process.
