Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Younger Children of Guthrie, Supplicants

1741, Feb. 20.
Case No. No. 29.

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Upon a bill of horning on an adjudication in implement proceeding on a decreet cognitionis causa, the question was, Whether horning could go without an abbreviate. I gave my opinion as Ordinary, that it could not, because no horning could proceed on comprisings, without being first registrate, and then by the act 1661 without being allowed instead of being registrate, and the act 1672, and the regulations 1696. But at the party's desire (who insisted, that such adjudications needed no abbreviate,) I reported,—and several Lords doubted whether any adjudger (though not in implement) can be forced to take an abbreviate, since the law does not declare adjudications without allowance or abbreviate void and null, but only that they cannot compete with subsequent adjudications,—though they all agreed that an abbreviate was as necessary here as in other adjudications; and the President seemed to be of that opinion; but upon noticing that this adjudication, with a charge, might perhaps be preferable to a subsequent voluntary right, which might make a great blank in our records, it carried to refuse the horning.—Renitentibus Drummore, Arniston, Kilkerran, &c.