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Scottish Court of Session Decisions >>
Goodman of Ethar v Earl of Orkney. [1610] Mor 3798 (13 March 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0903798-152.html Cite as:
[1610] Mor 3798
Inchoate Diligence not carried on, whether it fall by lapse of year and day.
Goodman of Ethar v. Earl of Orkney
Date: 13 March 1610 Case No. No 152.
It was found no nullity in a horning, that the denunciation was more than an year after the charge.
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In an action pursued against the Earl of Orkney, he being debarred by horning used and executed against him by the Goodman of Ethar, it was alleged, that the horning was null, because the denunciation was more than year after the date of the last charge. It was answered, That the disobedience was the more contemptuous, seeing the Earl had so long time and leisure to obey, and did it not.——In respect whereof, the Lords sustained the horning, and found the denunciation lawful.
