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Scottish Court of Session Decisions >>
Jan Van Lovan and his Factor, v Bruce of Newton. [1681] Mor 3778 (4 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0903778-129.html Cite as:
[1681] Mor 3778
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VIII.
Stamp.
Jan Van Lovan and his Factor, v. Bruce of Newton
Date: 4 February 1681 Case No. No 129.
An inhibition was found null quoad a third party acquiring bona fide after the inhibition, because the executions were not stamped.
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Alleged against an inhibition served on a dependence and a decreet following thereon. Answered, No respect thereto, because the process which was the ground of the inhibition, was innovate by desisting from that process, and commencing a new one before the Bailies, whereon the decreet followed. The Lords, before answer, ordained the precept and executions to be produced; which being done, they found the executions, not being stamped conform to the 32d act, Parliament 5. James III., and 74th act, Parliament 6. James V., nor subscribed conform to the 141st act, Parliament 12., James VI., they were null with the inhibition, and all following thereon, quoad a third party acquiring bona fide after the inhibition, and declared this should be a leading case, which they would follow in all time coming.
Fol. Dic. v. 1. p. 267. Fountainhall, MS.
*** This case is reported by Stair, voce Lis alibi Pendens.—The like was found, February 1687, Maxwell against Wallace, No 80. p. 3743.
