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Scottish Court of Session Decisions >>
M'Donald of Bornaskittag v M'Leod of Hammer. [1726] Mor 3765 (11 January 1726)
URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor0903765-111.html Cite as:
[1726] Mor 3765
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.
Execution by leaving a Copy.
M'Donald of Bornaskittag v. M'Leod of Hammer
Date: 11 January 1726 Case No. No 111.
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A defender insisting in a no-process, because the copy signed and delivered to him by the messenger was disconform to the summons, it was answered, that the execution must bear faith, mentioning the delivery of a just copy, until it be improved; nor is the truth of the execution redargued by the lame copy produced, which may have been made up ex post facto in concert with the messenger, in order to cast the process.––––– The Lords repelled the objection. See Appendix.
