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Scottish Court of Session Decisions >>
William Baillie, Wright in Edinburgh, v Janet Cunningham, Relict of Thomas Porteous, Merchant there. [1710] Mor 173 (20 December 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor0100173-005.html Cite as:
[1710] Mor 173
Subject_1 ADJUDICATION and APPRISING. Subject_2 FORMALITIES of the DILIGENCE.
William Baillie, Wright in Edinburgh, v. Janet Cunningham, Relict of Thomas Porteous, Merchant there
Date: 20 December 1710 Case No. No 5.
An apprising restricted, because the execution did not bear, that a copy was affixed upon the market cross, but only that it was left there.
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In the process of declarator of expiration of the legal of an apprising of some houses in Edinburgh, belonging to the deceased Thomas Porteous, at the instance of William Baillie, against Janet Cunningham, relict of Porteous; the Lords sustained this objection against the apprising, That it did not bear a copy to have been affixed upon the market cross, but only, that a copy was left there, relevant to hinder the legal to expire, and take off the accumulations, and restrict the apprising to the principal sum, and annualrents, due to the appriser.
