Scottish Court of Session Decisions

Subject_1 LITIGIOUS.
Subject_2 DIVISION III.

Litigious by Denunciation on a Horning.
Subject_3 SECTION V.

Act 147th, Parliament 1592, regarding Escheats.

Cunningham
v.
Laird of Buchanan

Date: 21 March 1623
Case No. No 63.

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The Laird of Buchanan was obliged, by contract to the Lord Kilmaurice, to obtain to him two renunciations of two wadsets upon the lands of Kilmarnock. The Lord Kilmaurice makes heritable disposition of the said lands to his brother John Cunningham, and makes him assignee to Buchanan's contract, who being charged, suspended, that the Lord of Kilmaurice being at the horn at his instance, could not make an assignation to his prejudice. It was answered, That horning could not disable him to dispone upon his heritage, or to make assignation to heritable bonds, and next, that the horning was for a clause of warrandice of an heritable contract, whereupon no interest was liquidate or declared; which was found relevant.

Fol. Dic. v. 1. p. 557. Haddington, MS. No 2823.

*** See Cunningham against of Earl of Glencairn, No 31. p. 3636, voce Escheat.