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Scottish Court of Session Decisions >>
A. v B. [1676] Mor 3756 (22 December 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0903756-097.html Cite as:
[1676] Mor 3756
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.
Execution by leaving a Copy.
A v. B
Date: 22 December 1676 Case No. No 97.
In conformity with No 95. p. 3755.
Click here to view a pdf copy of this documet : PDF Copy
It was questioned among the Lords, whether an inhibition could be sustained, albeit the execution did not bear a copy to have been affixed at the market cross; and it was resolved as to the future, it should be declared, that executions of inhibitions should be null, unless copies were affixed; in respect there can be no executions without giving of copies, either personally, or at their dwelling-house; and when the lieges are inhibited at the market cross in general, so that a copy cannot be given to every person, it ought to be left at the market cross in subsidium; but, because it was informed, that many executions did not bear copies to be left at the market cross, the Lords did forbear to give answer as to the inhibition in question, until the stile and custom should be tried.
