Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Inglis
v.
Lady Dumfermling

Date: 17 February 1629

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In an action, letters conform being sought by Alexander Inglis, to two pensions granted to him by the umquhile Earl of Dumfermling, against his lady relict, and liferentrix of the lands out of which the pension was granted, the duties whereof were assigned to him pro tanto for payment, and against the Earl his son, and against the possessors of the lands, and all others having interest;—the pursuit was sustained: albeit the defenders alleged that no such general letters ought to be sustained, in respect of 140 Act, 12 Parliament, James VI, which prohibits all such general letters; and whereby it is provided also, that letters conform, and general letters, are only ordained to be granted to the beneficed person, or any having right flowing from him; and that the same then serves only for an intimation, and not to be a warrant to denounce any party to the horn; and whereby such letters of horning, if any were, should be null. Which allegeance was repelled; seeing, if horning were used contrary to the tenor of the Act of Parliament, it was then time to the parties interested to quarrel the same.

Act. Belshes. Alt. Stuart. Gibson, Clerk.

Page 427.