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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Baird v Seaton. [1739] Mor 3738 (8 November 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0903738-072.html Cite as: [1739] Mor 3738 |
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[1739] Mor 3738
Subject_1 EXECUTION.
Subject_2 DIVISION II. Where Parties must be Cited, and Execution done.
Subject_3 SECT. VI. Inhibition, at what Market Cross.
Date: Baird
v.
Seaton
8 November 1739
Case No.No 72.
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An inhibition executed against the debtor at his lodgings in Edinburgh, and against the lieges at the market-cross of Aberdeen, within which jurisdiction the debtor's principal dwelling-house was situated, was found null; for without much reasoning on the point, whether it was habilely executed at Edinburgh, which the Lords inclined to think it was, if the debtor had been forty days there, they were clear, that it ought also to have been executed against the lieges at the market-cross of Edinburgh; and that in no case is it regular to execute an inhibition personally at a debtor's dwelling-house within one jurisdiction, and against the lieges at the market-cross of another jurisdiction. See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting