Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

James Fleming
v.
Margaret Baird and George Auchinleck

Date: 18 January 1630

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In a suspension of a horning raised at the instance of Margaret Baird and George Auchinleck, her spouse, for his interest, when the principal horning is produced, being called for in the suspension;—it is alleged by the suspender, That the horning is null; because the same is only executed at the dwelling-house, not designed where the same was. To the which it was answered, by James Fleming, charger, That this nullity cannot be received, hoc loco, in a suspension, except the King's Advocate and Treasurer were called. To the which it was replied, That he has no necessity to call the King's Advocate, finding a null horning produced, which bears a nullity in the body of the executions; but, if he were seeking the same to be reduced, the King's Advocate should be called. The Lords, finding the suspenders to be poor, and the sums for the which they were denounced but 22 merks, would not put them to a reduction; but, acquainting the advocate with the matter, with his consent, admitted the nullity hoc loco.

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