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Scottish Court of Session Decisions >>
Troup v Lo. Herries. [1624] Mor 5059 (16 November 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor1205059-001.html Cite as:
[1624] Mor 5059
Horning on general letters sustained, a special charge having been given to the debtor.
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In an action betwixt Troup and Lo. Herries, a horning was sustained, whereupon Troup sought declarator against the Lord Herries of his escheat, albeit the same was quarrelled as null, being only executed upon general letters, raised upon a prebendar's decreet of general letters conform; which allegeance was repelled, and the horning found good, albeit the same proceeded upon general letters, and decreet of letters conform generally, not bearing any special quantity, by reason that there was a special charge given to the party denounced, to pay a special and certain particular quantity, Contained in a special execution of the general letters; in respect of the which special charge, the horning was found good, notwithstanding that the charger had no special warrant by his letters or decreet, to charge the party for that special quantity; and notwithstanding of the act of Parliament, viz. 142d act, 12th Parl. anno 1592, which requires that there should be a warrant for a special charge, otherways allows not of horning; for the Lords thought that the party charged for a special quantity, ought to suspend; otherways if he did not, the horning ought not to be found null.
Act. Nicolson.Alt. Belshes.Clerk, Scot.
Durie, p. 147.
