BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Fleming v Margaret Baird and George Auchinleck. [1630] 1 Brn 302 (18 January 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010302-0789.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Fleming
v.
Margaret Baird and George Auchinleck
18 January 1630 Click here to view a pdf copy of this documet : PDF Copy
In a suspension of a horning raised at the instance of Margaret Baird and George Auchinleck, her spouse, for his interest, when the principal horning is produced, being called for in the suspension;—it is alleged by the suspender, That the horning is null; because the same is only executed at the dwelling-house, not designed where the same was. To the which it was answered, by James Fleming, charger, That this nullity cannot be received, hoc loco, in a suspension, except the King's Advocate and Treasurer were called. To the which it was replied, That he has no necessity to call the King's Advocate, finding a null horning produced, which bears a nullity in the body of the executions; but, if he were seeking the same to be reduced, the King's Advocate should be called. The Lords, finding the suspenders to be poor, and the sums for the which they were denounced but 22 merks, would not put them to a reduction; but, acquainting the advocate with the matter, with his consent, admitted the nullity hoc loco.
Page 89.
The electronic version of the text was provided by the Scottish Council of Law Reporting
