Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- v. Frazer of Middelty
Date: 10 November 1671
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Frazer of Middelty being pursued on a registrate horning to pay the annualrent of the principal sum, since the date of the denunciation, conform to the act of Parliament made in anno 1621; it was Excepted that he could not be liable in annualrent, because the horning whereupon it was sought was most unwarrantable, in so far as it did not bear any previous precept of the sheriff's, who pronounced the decreet, to have been raised, at the least no charge nor execution given thereon; which ought first to have been done, conform to the 177th act in anno 1593, compared with the 10th act, in 1606, and to the constant practique of the kingdom. This defence was found relevant. Vide infra, [No. 251, Nov. 11, 1671, Mathy against——].
