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The defender producing a horning to debar the pursuer ab agendo, and the pursuer producing a ticket subscribed by the party at whose instance the horning was execute, whereby he declared he would not use that horning against him, and disassented that this party, or any other, should use the same against him to debar him from his pursuit: The Lords found that, notwithstanding of the said writ, any persons might produce horning against the rebel, albeit the party would not use the same at whose instance it was execute; for, as long as he was rebel unrelaxed, he could not have process, and being unrelaxed, any party might propone and produce the horning; but found, that this ticket would be a good ground whereupon the rebel might seek to be relaxed to have personam standi in judicio in that pursuit, albeit thereby he would not be simply relaxed therefrom.
Act. ——.Alt. Mowat.
Fol. Dic. v. 2. p. 84. Durie, p. 493.*** Auchinleck reports this case:
A horning being produced by a pursuer to stay his party ab agendo, although the said horning was executed at another man's instance, and the defender had purchased a warrant from him at whose instance he was denounced, that he would not use that horning to repel him ab agendo, yet seeing he remained rebel, the Lords would not give him process, but granted him relaxation upon the said warrant to the effect only that he may have personam standi in judicio.
