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Scottish Court of Session Decisions >>
Yeaman v Trotter. [1698] Mor 3768 (7 December 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor0903768-117.html Cite as:
[1698] Mor 3768
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VI.
Public Reading and Oyesses.
Yeaman v. Trotter
Date: 7 December 1698 Case No. No 117.
An execution at the market-cross of Edinburgh, and pierand shore of Leith, which did not mention the three oyesses, was sustained, notwithstanding of the above decision.
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In a competition between Marjory Yeaman, and Oliphant her husband, against Dr Trotter and others, for a sum arrested by both in the hands of Lyon of Carse, it being objected against Dr Trotter's execution, that it was null, being used against Carse as out of the country, at the market-cross of Edinburgh, and pier and shore of Leith, and did not mention the three oyesses, which is required by the decision, Gordon against Forbes, No 116. p. 3768.: answered, Solemnities have been multiplied by over-cautious creditors, where no law required them, and so can be no rule to others; and the Lord Register being ordained, in the case cited, to try the custom as to the oyesses in arrestments, it was found to vary; and though an act of sederunt was intended then to regulate for the future, yet it was not done, so it has not yet come to any fixed custom; and therefore must be determined on the old grounds till it be otherwise appointed. The Lords sustained the arrestment, though wanting the intimation of the oyesses.
Fol. Dic. v. 1. p. 266. Fountainhall, v. 2, p. 23.
