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Scottish Court of Session Decisions >>
Gordon, Petitioner. [1738] Mor 15022 (13 December 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3415022-024.html Cite as:
[1738] Mor 15022
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VI.
Whether a Superior is bound to grant a Precept of Clare, or infeft Vassals by Hasp and Staple?
Gordon, Petitioner
Date: 13 December 1738 Case No. No. 24.
Letters of horning de plano against Magistrates disobeying a precept of infeftment.
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The Bailies of the burgh of Annan having refused to obey the precept for infefting an heir in a burgage tenement, which, upon his service, he had obtained; upon his summary application to the Lords, warrant was granted for letters of horning, without any previous notice or intimation given to the Magistrates, the horning being considered as a charge against superiors, which the Magistrates might suspend if they saw cause.
