Objections to Hornings, whether proponable by Exception.
William Montgomery v. Theodore Montgomery
Date: 22 July 1662 Case No. No 33.
Found in conformity with No 28. p. 2713. and No 31. p. 2714.
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William Montgomery, as donatar to the escheat of Theodore Montgomery, pursues a general and special declarator in one libel, and insists, first, in the general.—The defender alleges absolvitor, because the horning is null, the denunciation being at the cross of Edinburgh, where the defender had not his domicile. The pursuer opponed the horning standing, bearing, the defender to dwell in Edinburgh, and the horning could not be taken away by exception, alibi, not instantly verified.
The Lords repelled the defence, but prejudice of reduction thereupon.
