Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Denunciation
1672.
January.
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The Lords have found the denunciation of lands to be apprised lawful, though used a year and a half after the date of the letters of apprising; and though they commonly find citations in relation to processes whereon nothing follows within year and day, to be peremptory of that instance, et annali spatio tolli seu extingui, yet they find not the same in executorials. (And even this has no imaginary reason but the benefit of the signet, See 24th July 1665. Row against Viscount of Stormond.) Hence, Quæritur, I charge one upon a decreet, year and day passes without any farther, if after the year I may poind, or if I must give a new charge before I can poind, seeing the first charge may be presumed to be forgot.
