Scottish Court of Session Decisions

Subject_1 SERVICE OF HEIRS.
Subject_2 SECT. II.

Tenor of the Brieve. - Form of proceeding. - Reduction of Service. - Can a Service be stopped by an offer to prove a nearer Heir?

King's Advocate
v.
Moncur

1586. June
Case No. No. 9.

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In an action of reduction of a retour pursued at the instance of the King's advocate, and George Moncur, son to Captain David Moncur, against George Moncur, son to George Moncur, it was found by the Lords, that a party being summoned to pass upon an inquest and service of a brieve, and thereafter disobeying, may be put to the horn at the head burgh of the shire, incontinently, where the service of the brieve is used, notwithstanding of the act of Parliament, and practice daily observed, that a person should be denounced rebel at the head burgh of the shire where he remains.

Fol. Dic. v. 2. p. 370. Colvil MS. p. 407.