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Scottish Court of Session Decisions >>
Broomfield v Hately. [1583] Mor 15135 (00 June 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor3415135-001.html Cite as:
[1583] Mor 15135
A horning, and execution thereof reduced, because denunciation had followed after the letters were suspended.
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In the action betwixt the Broomfields and the Hatelys, the one of the parties being put to the horn, it was alleged, by suspension, That the horning was not lawfully executed, because, before the time of the denunciation of the same, the letters were suspended, and so the question fell forth, If the horning was taken away, and the strength of the letters, immediately after the granting of the suspension, or not, until the time the same was intimated to the party, and if the party might interim use the letters of horning? It was alleged, That there was a practick passed betwixt the Commendator of Cambuskenneth and the Lord Fleming, where the said Commendator reduced a horning passed at the Lord Fleming's instance against him, because the letters were suspended before the time of the denunciation. The Lords, therefore, conform to the said practick passed before, decerned the said letters of horning, and the execution that followed thereupon, to be of no force or effect, conform to the said practick.
