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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Home v The Creditors of Lady Eccles. [1725] Mor 3704 (30 July 1725)
URL: http://www.bailii.org/scot/cases/ScotCS/1725/Mor0903704-033.html
Cite as: [1725] Mor 3704

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[1725] Mor 3704      

Subject_1 EXECUTION.
Subject_2 DIVISION II.

Where Parties must be Cited, and Execution done.
Subject_3 SECT. II.

What is understood to be a party's dwelling-house.

Andrew Home
v.
The Creditors of Lady Eccles

Date: 30 July 1725
Case No. No 33.

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It was alleged, That an arrestment was null, because it bore to be laid on at Mr Home's house in Edinburgh, whereas he had no residence but in the country; yet the Lords sustained the arrestment, the users of it proving that Mr Home had a house taken for his children at Edinburgh, and that he was in town at the time of executing thereof, although he had not staid for forty days upon the place.

Act. Jo. Erskine. Alt. Ja. Colvil. Clerk, Justice. Fol. Dic. v. 3. p. 186. Edgar, p. 204.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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