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 >> Colonel Robert Monro of Foulis, v John Touch of Logiereich. [1724] Mor 3688 (15 July 1724)
URL: http://www.bailii.org/scot/cases/ScotCS/1724/Mor0903688-012.html
Cite as: [1724] Mor 3688

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


[1724] Mor 3688      

Subject_1 EXECUTION.
Subject_2 DIVISION I.

Warrant of Execution.

Colonel Robert Monro of Foulis,
v.
John Touch of Logiereich

Date: 15 July 1724
Case No. No 12.

It was objected to an adjudication, that tho’ the superiors were named in the against of the decreet, yet there was no conclusion in the libel against them for infefting the adjudger; and therefore the horning against them was without warrant, and consequently the charter and infeftment were null. The Lords repelled the objection.


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

Colonel Monro having adjudged certain lands belonging to the deceased Alexander Baine from Mr Daniel Baine his son, as charged to enter heir to him, insisted in a reduction of an adjudication in the person of the defender, upon this ground, That the sums in it were satisfied and paid by his and his author's intromissions; and, in order to keep the legal open, the following nullities were objected; 1mo, That it appeared from the decreet that the summons was not called by the clerk, in order to its being enrolled; for, though it bore, that the parties were often called by a macer, yet that could only be understood of the calling before the Ordinary. 2do, That though the superiors were named in the against of the decreet, yet there was no conclusion in the libel against them for infefting the adjudger; and therefore, the raising horning against them was without any warrant, and consequently the charter, bearing to be in obedience to letters of horning, if there was no foundation for them, the charter and infeftment thereon were null.

The Lords repelled the nullities.

Reporter, Lord Grange. Act. Jo. Forbes. Alt. Ja. Boswell. Clerk, Dalrymple. Fol. Dic. v. 3. p. 185. Edgar, p. 83.

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/1724/Mor0903688-012.html