Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Gordon
v.
Bailies of Annan

1738, Dec. 13.
Case No. No. 10.

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Gordon being on brieves from Chancery served before the Steward of Kirkcudbright heir in some tenements in Annan held burgage, upon the retour obtained a precept from the Chancery to the Magistrates to infeft him, which they refused, and instruments were hereon taken,—and Gordon presented before me as Ordinary on the bills, a bill for a warrant to the Director of the Chancery to issue new precepts to another person to infeft him in place of the Bailies. I thought if such warrant was to be granted, it behoved to be on a bill to the whole Lords. 2dly, I thought no such could be granted within a burgh, because of the act of Parliament 1st James VI. declaring all sasines null not given by the Bailie and common clerk within burgh without exception,—but that the remedy lay by horning, which the Lords might grant. However, I reported the bill, and the Lords were of my opinion, and upon report I refused the bill as incompetent. Vide the 13th infra.

The Lords having considered the bill with the petitioner's retour in the burgage lands, with the instrument against the Magistrates of Annan requiring them to infeft him, grant warrant for letters of horning for charging them in terms of the petition.—13th December.