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Scottish Court of Session Decisions >>
Blair v Creditors of Mein and Chatto. [1697] Mor 3757 (8 July 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor0903757-101.html Cite as:
[1697] Mor 3757
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.
Execution by leaving a Copy.
Blair v. Creditors of Mein and Chatto
Date: 8 July 1697 Case No. No 101.
A horning found null, because the execution did did not bear with whom the copy was left, or that it was affixed on the most patent door.
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Henry Mein and Thomas Chatto, merchants in Edinburgh, being broke, and amongst others, being debtors to Hugh Blair, late Dean of Guild of Edinburgh, and denounced to the horn by him, he obtains the gift of their escheat, and raised a declarator.—It was objected, That the execution of the horning was null, because it did not bear, that a copy was left with any of the family, nor yet that it was fixed on the most patent gate or door, as custom and the 33d act of Parliament 1555 require.—Answered, The execution bears, that after knocking six several knocks, he left a copy of the letters, because he could not apprehend them personally, which implies a copy was affixed.—Replied, These formalities are de forma specifica and cannot be supplied; and donatars are not favourable; and the leaving of a copy is not sufficient, unless it had borne with whom it was left, and that it was affixed. Some were for examining the messenger and witnesses; but the plurality found the horning null.
Fol. Dic. v. 1. p. 264. Fountainhall, v. 2. p. 10.
