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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Moncur v L. of Craig. [1604] Mor 3681 (00 March 1604)
URL: http://www.bailii.org/scot/cases/ScotCS/1604/Mor0903681-001.html
Cite as: [1604] Mor 3681

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[1604] Mor 3681      

Subject_1 EXECUTION.
Subject_2 DIVISION I.

Warrant of Execution.

Moncur
v.
L of Craig.

1604. March.
Case No. No 1.

An inhibition was found null, because it was served at another church than the church designed in the body of the letters, although that church was ruinous, and the congregation went to the one at which the inhibition was served.


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In an action of spulzie, pursued by Moncur against the Laird of Craig, The Lords found an inhibition null, because the tack bore that the lands lay within the parish of Caterlin, and the inhibition was served at the kirk of Kethouse, albeit the pursuit offered to prove that the kirk of Caterlin was ruinous, and no service thereat, and the people of both the parishes were in use to resort to the preaching and sacraments at the kirk of Kethouse.

Fol. Dic. v. 1. p. 258. Haddington, MS. No 715.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1604/Mor0903681-001.html