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Scottish Court of Session Decisions >>
The Dutchess of Buccleugh v John Davidson and Others. [1715] Mor 13836 (8 February 1715)
URL: http://www.bailii.org/scot/cases/ScotCS/1715/Mor3213836-078.html Cite as:
[1715] Mor 13836
Warning, in what Cases necessary. - How to be executed.
The Dutchess of Buccleugh v. John Davidson and Others
Date: 8 February 1715 Case No. No 78.
Found in conformity with the above.
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The Dutchess of Buccleugh having raised a process of removing against Davidson and Others, out of some of her lands, it was alleged for the defenders, That they were not duly warned, because, 1mo, The warning was only on the fith of April, which is not 40 free days before Whitsunday; 2do, That the warning was executed at the kirk-door, before it was executed against the defenders; 3tio, That the execution did not bear on what day the copies were left on the ground.
Answered for the pursuer, 1mo, That there were 40 free days betwixt the execution and the term, counting the day of execution; 2do, That the warning was executed personally at the kirk-door, and on the ground, which are all the solemnities required by law; and no matter whether the execution was first at the kirk-door, or to the party; 3tio, That the execution bearing the copy, to be left on the ground, and that the tenants were warned the 5th of April, that date respects both the warning the tenants personally, and on the ground.
The Lords repelled the defences, and decerned in the removing.
Act ——.Alt. Boswel.Clerk, Sir James Justice.
Fol. Dic. v. 2. p. 337. Bruce, v. 1. No 59. p. 73.
