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Scottish Court of Session Decisions >>
Lord Erskine v Erskine's Wife. [1627] Mor 6945 (24 January 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1706945-014.html Cite as:
[1627] Mor 6945
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The warrant of the inhibition is the Letters directed upon the Lords deliverance, which must be kept in all points precisely, and executed accordingly; therefore, in an action between my Lord Erskine and one Erskine's Wife, (Clossburn's sister) she having intented reduction of a comprising of a house of her husband's in the Canongate, ex capite inhibitionis; it was excepted, That the inhibition was not duly served, in so far as it was not served at the market-cross of Edinburgh, as the letters ordained. —Replied, The ordinance was in respect that Sir James Erskine, (the party inhibited) was out of the country first, but afterwards being come into it, the party did inhibit him personally, which was a better way to notify it to him; for as for the lieges they were certiorated by proclaiming of it at the cross of the Canongate.——The Lords sustained the exception.
Spottiswood, (Inhibition.) p. 175.
*** See Kerse and Durie's report of this case, voce Execution, No 2. p. 3681.
