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Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.
Mavor v. Stewart
Date: 4 January 1709 Case No. No 20.
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In a case betwixt Mark Mavor and Stewart, it being alleged the decreet was null, because it bore not personally apprehended; and it being answered, That the sheriff-mair offered to depone, that it was done personally; replied, Executions are not to be made up in that manner, but must be in writ; and messengers only depone on the verity of their executions in cases of treason, and serving of brieves. The Lords repelled the nullity, in regard the officer gave an execution bearing personally apprehended, and offered to abide at the truth of it.
Fol. Dic. v. 1. p. 552. Fountainhall, v. 2. p. 478.
