If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> L. Kirkonnel v L. Barnbarroch. [1628] Mor 3682 (2 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0903682-003.html
Cite as: [1628] Mor 3682

[New search] [View without highlighting] [Printable PDF version] [Help]


[1628] Mor 3682      

Subject_1 EXECUTION.
Subject_2 DIVISION I.

Warrant of Execution.

L Kirkonnel
v.
L Barnbarroch.

Date: 2 February 1628
Case No. No 3.

A personal citation on six days, upon a summons which authorised edictal citation only, was sustained.


Click here to view a pdf copy of this documet : PDF Copy

In a declarator of escheat by the L. Kirkconnel against the L. Barnbarroch, the summons being execute upon six days against the party defender personally apprehended, where the warrant and command of the letters did bear a desire, to summon him upon sixty days, as being out of the country, and no further anent the citation of the party, being contained in the will and desire of the summons; and the defender alleging the execution to be null, seeing there was no warrant in the summons to cite and summon the party after that manner, and the same could not be done by any person at their own hand without a warrant; this allegeance was repelled, and the citation was sustained. But this is disconform to the decision betwixt the L. Erskine contra Erskine, No 2. p. 3681, except that that was found in the execution of an inhibition, which tending to make a posterior heritable alienation to be null and to fall, required a more strict warrant and process, after the nature of the warrant, as it is craved by the party's self, and is a greater contempt of the Judge, than a citation upon a summons, which is but the beginning of a process, and thereafter hath a progress of a judicial procedure, whereas inhibition is more odious and strict.

Act. Belches. Alt. Nicolson. Clerk, Gibson. Fol. Dic. v. 1. p. 258. Durie, p. 338. *** Auchinleck reports the same case.

Letters raised to summon a party upon sixty days, by reason he is out of the country, the summons is executed against the party personally apprehended. The execution is quarrelled as wanting a warrant. The Lords sustain the execution.

Auchinleck, MS. p. 218.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0903682-003.html