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Scottish Court of Session Decisions >>
Finlay v Little. [1676] Mor 6959 (7 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor1706959-026.html Cite as:
[1676] Mor 6959
An inhibition which designed the person inhibited “Merchant Burgess of Edinburgh,' sustained, tho' the execution bore only that a copy was left at his dwelling house “within written.”
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Quintin Finlay pursues reduction ex capite inhibitionis against Little of Libberton, who alleged absolvitor, because the inhibition is null, as being executed at the house of the person inhibited, not designing where the dwelling-house was. It was answered, That the executions bear “The within designed John Lindsay's dwelling-house,” who is designed within “merchant burgess of Edinburgh.” It was replied, non relevat, seeing that does not import that he was indweller in Edinburgh, for many merchants, burgesses of Edinburgh, are not residenters. It was duplied, præsumitur residens, unless another domicile were condescended upon and offered to be proved.
The Lords sustained the inhibition, unless another domicile were offered to be condescended upon and proved.
