Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. IX.

Objections against the Executions of Messengers, how Proponable.

King's Advocate and Lady Kilsyth
v.
Laird of Wedderburn

1581. February.
Case No. No 40.

Found that no allegeance plainly contrary to the execution of a messenger at arms, can be admitted, unless the party offer to improve the execution.

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The King's Advocate and the Lady Kilsyth persewed the L. of Wedderburu and John Hour of Cranston, for the deforcing of ane officer. It was alleged be the L. of Wedderburn, That the officer of arms was not deforced, be reason that he offered him to prove that the goods, after the alleged away-taking of them frae the officer, were delivered to the Lady again be her own consent, and she content thairwith. To the which it was answered, it was contrare to the execution of the officer of arms; and the Lords fand, that they wald admit na allegeance contrare to the execution of an officer, except they wald take to improve the same.

Fol. Dic. v. 1. p. 173. Colvill, MS. p. 130.