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Scottish Court of Session Decisions >>
James Grimman v His Creditors. [1694] 4 Brn 133 (27 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040133-0304.html Cite as:
[1694] 4 Brn 133
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Grimman v. His Creditors
Date: 27 January 1694
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The execution of a summons of bonorum was quarrelled in a petition given in by Carnagie of Phineven, and the other creditors of James Grimman, on this nullity,—That it was executed by a messenger who had not qualified himself by taking the oath to King William; which deprived him ipso jacto, conform to the Act of Parliament 1693; and for certiorating the lieges, the Lord Lyon had printed the names of all the messengers who had qualified themselves, and published it at the whole market-crosses.
The Lords found this not sufficient to annul the party's execution, to whom there was a jus qucesitum; the being habit and repute a messenger being sufficient for him; much more he having once actually been a messenger; unless they could prove, by the pursuer's oath, that they knew he was not qualified when they employed him: but recommended to the king's advocate to pursue the messenger, and get him punished for officiating without being qualified.
