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Alexander Arbuthnott v Henry Barclay. [1675] Mor 3725 (27 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0903725-062.html Cite as:
[1675] Mor 3725
Denunciation of Comprising. - Denunciation upon Horning. - Relaxation.
Alexander Arbuthnott v. Henry Barclay
Date: 27 July 1675 Case No. No 62.
Relaxations must be executed at the head burgh of that same shire where the denunciation was made, otherwise they are null.
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In a declarator of escheat at the instance of the said Alexander against the said Henry, it was alleged, 1mo, No declarator, because the letters of horning whereupon he was denounced were general, not bearing any special cause or debt; 2do, The defender was relaxed from the horn at the market cross of Edinburgh, within year and day after the execution of the horning.—It was replied to the first, That the letters were raised upon a registrate contract of marriage, and the defender charged for implement thereof, wherein there were special obligements for infefting the charger, who had married the defender's daughter, in the estate, free of all debt, for performance, whereof he was charged, and denounced for not giving obedience.—To the second it was replied, That the denunciation being at the head burgh of the shire of the Mearns, the relaxation within year and day ought to have been at that same place, and being at Edinburgh was null.——The Lords did repell the first defence, and found, That letters raised upon a contract, bearing special heads and articles, albeit the execution did not bear the particular head craved to be performed, yet they could not be called general letters, such as resolved in a naked citation, as when a party is charged upon a presentation to a benefice or any other office, ad certiorandum, and who is not otherwise obliged by bond, and so sustained the declarator. They did likewise the second allegeance, in respect of the 75th act, Parliament 6th, James VI. bearing expressly that all relaxations should be at the same head burgh of the shire where the rebels were denounced, and did dwell the time of the denunciation, otherwise to be null.
Fol. Dic. v. 1. p. 262. Gosford, MS. No 792. p. 498.
