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.

Dyell
v.
Bruce

Date: 8 February 1632
Case No. No 47.

A special place being appointed in a reversion for consigning money, and the wadsetter being abroad, the Lords granted warrant to cite him at the market cross of Edinburgh and pier and shore of Leith.

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In a declarator of a redemption, pursued by Thomas Dyell of Kinnes against Mr Robert Bruce, it is alleged, that conform to the reversion, premonition was not made at the said –– house. It was answered, that the defender was out of Scotland, in France, animo remanendi, these thirty years; whereupon The Lords granted the pursuer letters to make admonition to the defender, at the market-cross of Edinburgh, pier and shore of Leith; and conform to the Lords' deliverance, he made admonition at the said places, which The Lords sustained.

Fol. Dic. v. 1. p. 261. Auchinleck, MS. p. 181.