Creditors of Bailie Marjoribanks v. Alexander Chapland
1683.
February. Case No. No 82.
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Found, That a charger could not, immediately after the letters were found orderly proceeded by discussing of the charge upon a bill of suspension, denounce; but that the decreet ought first to be put up in the minute-book and extracted as if the suspension had passed the signet; and here the suspender died some few hours after the denunciation, which was upon the same day that the decreet was pronounced.
Harcarse, (Horning.) No 61. p. 142.*** Sir P. Home reports this case:
Upon a complaint at the instance of——Brown and the Creditors of the deceased——Marjoribanks, late Bailie of Edinburgh, against Alexander Chapland, writer, the Lords found, that Bailie Marjoribanks having suspended the charge of horning upon a bond, albeit the letters were found orderly proceeded, yet the denunciation upon the former charge was found unwarrantable, being before the deed of suspension was read in the minute-book, and extracted.
