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L. of Arncapell v L. of Kilcreuch. [1595] Mor 3752 (3 June 1595)
URL: http://www.bailii.org/scot/cases/ScotCS/1595/Mor0903752-091.html Cite as:
[1595] Mor 3752
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. III.
Whether the Execution must bear the date of the Letters.
L of Arncapell v. L of Kilcreuch.
Date: 3 June 1595 Case No. No 91.
A horning was executed against several debtors on different days. The execution was sustained, tho' it did not mention on what day each person was charged.
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The Laird of Arncapell pursued the Laird of Kilcreuch for contravention of an act of Lawburrows. Kilcreuch offered to compear. Arncapell debarred him by horning. It was alleged by Kilcreuch, That the horning was null, because that upon the 20th, 21st, and 22d days of ——— respective he had charged such and such persons to underly the law within six days, which execution was null, not designing what parties were charged; every particular of which allegeance, the Lords repelled, and found the horning good enough, seeing the haill days contained in the execution were lawful, and there were six days free betwixt the day of the charge and the day of the denunciation.
