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Scottish Court of Session Decisions >>
Drumlanrig v Maitland. [1605] Mor 8131 (5 June 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor1908131-034.html Cite as:
[1605] Mor 8131
Solemnities requisite in the execution of diligence. - Purification of condition debts.
Drumlanrig v. Maitland
Date: 5 June 1605 Case No. No 34.
A horning executed in Edinburgh, while the party was in another district, was sustained, because an order of Privy Council had been issued to denounce them for contempt of authority.
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In a declarator pursued by the Laird of Drumlanrig against the Laird of Auchingassel, and his son Robert Maitland; it was alleged by Robert Maitland, That the horning used against him was null, because he was denounced at the market-cross of Edinburgh which was not lawful, he not dwelling within that sheriffdom but in Annandale. It was answered, That the horning was lawful, having an act of Secret Council commanding a macer to pass particularly to the market-cross of Edinburgh and denounce the said Robert rebel for his present contempt and disobedience done to them, he being called before them for diverse odious offences; and, after compearance, being commanded to remove and remain in the outer house while he was called, he absented himself contemptuously, and became fugitive, and therefore was denounced, as said is; in respect whereof, the Lords sustained the horning, and found it sufficient, notwithstanding the allegeance.
