Scottish Court of Session Decisions

Subject_1 HERITABLE AND MOVEABLE.

Pringle
v.
M'Ghie

1738, June 14.
Case No. No. 7.

Click here to view a pdf copy of this documet : PDF Copy

A decreet-arbitral being given against a woman decerning her for certain debts, which of their nature were simply moveable and did not bear annualrent, but for which the arbiter decerned annualrent from the several terms of payment; the woman having afterwards married Pringle, and a horning being raised summarily upon that decreet against both husband and wife, he presented a bill of suspension without caution or consignation. The Ordinary passed it upon caution, because though some of the debts were clearly moveable quoad relictam, yet others seemed doubtful, and a part of the charge was general. But Pringle reclaimed, and prayed that it should pass without caution. The President thought the horning unwarrantable against the husband, and therefore was for passing without caution. Others of us thought, that if the horning was unwarrantable, it should be recalled and the writer punished. But we thought the horning warrantable, and agreeable to constant practice, and upon the question we were all for caution, except the President.—N. B. Dun doubted at first.