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Cite as: [1628] Mor 3738

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[1628] Mor 3738      
Subject_1 EXECUTION.
Subject_2 DIVISION III.

Execution in the Night Time.

Halkerton
 v.
Keddie

Date: 7 February 1628
Case No. No 73.

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The Laird of Halkerton pursued Alexander Keddie and others for deforcing an officer whom he had sent to poind the said Alexander's goods. Allged. That they having come before the rising of the sun, which was not a fit time to put any decreet in execution, they might lawfully have rescued the goods poinded; which exception was found relevant.

 Fol. Dic. v. 1. p. 263. Spottiswood, (Deforcement) p. 80.

*** This case is reported by Durie, No 3. p. 3426.

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/1628/Mor0903738-073.html