Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Smith
v.
Sir David Carnegy

1683. March.

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In a reduction of a horning, at the instance of one Smith, upon these reasons; 1. The party was charged to pay an illiquid sum, viz. the remainder of his rent, over and above what paid the annual-rent condescended on in the charge, which was due upon infeftment: and so the charge was in the case of general letters. 2. The execution of the denunciation did not bear copies to have been left at the cross. Answered, 1. The annual-rents due upon infeftment being condescended on in the charge, and known to the rebel by his use of payment, the superplus was sufficiently special, and the rebel ought to have suspended debito tempore, though the charge had been unjust or informal; and, not having suspended, his escheat falls, propter contemptum. 2. Though copies of executions of inhibitions and interdictions are left at the cross, for acquainting the lieges with the thing, it is not usual to leave copies of denunciations of horning. The Lords reduced the horning upon the first reason, and gave no answer to the second. Vide No. 520, [Douglass of Earnslaw against Sir Patrick Hume, 20th July 1688.]

Page 143, No. 514.