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Scottish Court of Session Decisions >>
Creditors of Sir James Campbell, competing. [1744] Mor 6972 (19 June 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor1706972-045.html Cite as:
[1744] Mor 6972
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By the act 268, Parliament 15, James VI. it is required, That inhibitions should be executed at the head-burgh of the jurisdiction within which the debtor dwells, which accordingly was in this case done. Sir James Campbel's residence was in the shire of Argyle, and the execution of John Campbel's inhibition bore it to have been executed at Inverary, the head burgh of the shire, wherein his lands also lie. But it was objected as a nullity, That the execution did not bear Sir James's residence to be within the shire of Argyle, which the Lords 'repelled.'
Kilkerran, (Inhibition.) No 4. p. 286.
*** See Clerk Home's report of this case, No 24. p. 3697. voce Execution.
