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Ogilvy of Innerquhairty v Carneggy of Bracky. [1693] 4 Brn 49 (18 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040049-0111.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Ogilvy of Innerquhairty v. Carneggy of Bracky
Date: 18 January 1693
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A superior's donatar of a liferent escheat being pursued in a reduction and improbation of the horning, it was alleged, he was not bound to produce the principal horning and executions when they were not at his own instance, but done by third parties; and that all he was obliged to do was only to produce extracts: and that it was so found, in 1683, between Bailie of Littlegill and Douglas.
Answered,—That false executions of horning might escape all trial and discovery, if this held.
The Lords resolved to hear it in their own presence.
