Scottish Court of Session Decisions

Subject_1 EXECUTION.
Subject_2 DIVISION II.

Where Parties must be Cited, and Execution done.
Subject_3 SECT. V.

Denunciation of Comprising. - Denunciation upon Horning. - Relaxation.

Lord Seyton
v.
Earl of Monteith

Date: 27 January 1562
Case No. No 57b.

A comprising was found null, because the lands lying within a regality, the denunciation was made, not at the head burgh thereof, but at the head burgh of the shire.

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But gif the landis lyis within ony regality, the denunciation thairof aucht and sould be maid at the ground of the saidis landis, and alswa at the principal and heid town of the said regality; utherwayis, gif the landis lyand within the regalitie be denuncit at the mercat cros of the heid burgh of the said schirefdome, the denunciation, comprising, and all that followis thairupon is of nane avail, and may be reducit.

Fol. Dic. v. 1. p. 262. Balfour, (Comprising.) No 1. p. 401.

*** See Act 268th, Parliament 1597.