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URL: http://www.bailii.org/scot/cases/ScotCS/1608/Mor0803091-002.html
Cite as: [1608] Mor 3091

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[1608] Mor 3091      
Subject_1 CONSUETUDE.
Subject_2 SECT. I.

Habite and Repute a Notary, Messenger, &c.

Somerville
 v.
Jarviswood

Date: 4 June 1608
Case No. No 2.

An execution being quarrelled, because the messenger was deprived, this was found not relevant, unless the deprivation was published at the market cross of the head burgh where the messenger dwelt.

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In an declarator pursewed be Somerville against Jerviswood, it being allegit That the horning was null, because the messenger, executour and denuncer, was depryvit; it was fand be the Lords, that the defender behoved to offer him to prove, that the deprivation was lawfullie publishit at the mercat croce of the head burgh where the officer dwelt.

 Fol. Dic. v. 1. p. 201. Haddington, MS. No 1448.

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/1608/Mor0803091-002.html