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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Cuningham v Cuningham of Robertland. [1666] 2 Brn 139 (4 July 1666)
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Cite as: [1666] 2 Brn 139
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[1666] 2 Brn 139
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Jean Cuningham
v.
Cuningham of Robertland
4 July 1666 Click here to view a pdf copy of this documet : PDF Copy
Jean Cuningham, as donatrix to the escheat of umquhile Sir David Cuningham of Robertland, pursued general declarator against his son: who alleged absolvitor, because the horning was null, seeing the charge and denunciation was only at the market-cross of Edinburgh, whereas, by the Act of Parliament 1597, c. 294, all hornings executed against persons within the realm, dwelling within bailiaries or stewartries, should be executed at the head burgh thereof. Ita est umquhile Robertland had his dwelling-house at Robertland, within the bailiary of Cuningham, albeit for a time he was out of the country and was a prisoner of war for the king. The Lords repelled the defence, and sustained the horning, and found that the Act of Parliament met it not; seeing neither the person denounced was within the realm, nor dwelt within the bailiary at that time, but had remained several years in England.
Vol. I, Page 387.
The electronic version of the text was provided by the Scottish Council of Law Reporting