Subject_1 QUOD AB INITIO VITIOSUM.
Subject_2 SECT. IV. Making up Titles ex post facto.
Date: John Jolly Merchant in Edinburgh
v.
Thomas Bethune of Tarvit, Mr Alexander Bruce, and Others
22 February 1707
Case No.No 64.
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John Jolly merchant in Edinburgh, having by virtue of a general disposition from James Reid merchant there, not intimated in the granter's lifetime, raised horning upon a bond granted to the said James Reid by Sir William Preston of Valleyfield as principal, and the Earl of Kincardine as cautioner, without confirming the debt; and arrested in the hands of Thomas Bethune of Tarvit, Mr Alexander Bruce, and other debtors to the Earl, and pursued a furthcoming; the Lords found the horning null and unwarrantable, and that the arrestments thereon could not subsist to have the effect of an arrestment upon a depending action, albeit the arrester should now confirm the debt. Though the general assignation would have been a good foundation for a summons, whereupon Mr Jolly might have used arrestment.
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