Denunciation of Comprising. - Denunciation upon Horning. - Relaxation.
Bailie Calderwood v. Mr John Frank
1684.
January. Case No. No 65.
Click here to view a pdf copy of this documet : PDF Copy
An apprising was found null, upon this ground, That the lands were not denounced at the head burgh of the regality, viz. Dalkeith, within which they lay, but at the head burgh of the shire, contrary to the act 268th, Parliament 15th, James VI.; which, after enumeration of hornings, inhibitions, &c. hath a general clause, ‘and all others of the like sort;’ and, by the general custom, denunciations of apprising are execute at the head burgh of regality; and the Lords found another apprising null, for that the lands were not denounced upon 60 days, when the debtor was out of the kingdom.
Fol. Dic. v. 1. p. 262. Harcarse (Comprisings) No 299. p. 71.
