Scottish Court of Session Decisions

Subject_1 EXECUTION.
Subject_2 DIVISION II.

Where Parties must be Cited, and Execution done.
Subject_3 SECT. IV.

When the party is out of the kingdom.

Murray
v.
Lo Yester.

Date: 22 February 1631
Case No. No 45.

An order of redemption, used at Edinburgh, was sustained, though the lands lay in another sheriffdom, the debtor being out of the country.

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In a redemption of the lands of Drumelzier, by virtue of the legal reversion competent to the Lord Drumelzier, whereto the pursuer was made assignee by him from the Lord Yester, having right thereto, as is noted 12th Feb. 1631, voce Redemption, the Lords found, That the conclusion of the summons, craving the defender to be decerned to renounce all right and title which he had to the lands any manner of way, ought not to be sustained; and that no sentence could follow, but to decern the defender to renounce all right which he had to these lands by virtue of these rights, whereto the legal reversion, which was the only ground of this pursuit, did extend, and no further; and the Lords did sustain the order of redemption, albeit used at Edinburgh, and the lands lay in the sheriffdom of Peebles, where the defender alleged the order ought to have been used, seeing this was a legal reversion near expired; and so if the order was not good, the comprising should expire before any other order might be used; likeas the time of the order the Lord Yester was not in the country, and Edinburgh is communis patria.

Act. Nicolson. Alt. Stuart & Hay. Clerk, Gibson. Fol. Dic. v. 1. p. 261. Durie, p. 573.