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Scottish Court of Session Decisions >>
Hart v Tenants. [1634] Mor 3783 (18 July 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor0903783-138.html Cite as:
[1634] Mor 3783
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. X.
Executions which require not the Ordinary Solemnities. - Form of arresting a Ship. - Verbal Citation.
Hart v. Tenants
Date: 18 July 1634 Case No. No 138.
Verbal warning at a house within burgh is valid, without a written execution or publication at the parish church.
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Mr John Hart, pursuing a removing from a house in the Canongate, conform to a warning, as use is, made within burgh; it being alleged, That the warning was null, because it was not execute upon 40 days at the parish kirk within which the house lies; the Lords repelled the allegeance, and sustained the warning; because they found, that warnings from houses within burgh needed not to be made nor executed at the parish kirk; seeing that is only required by act of Parliament to be done in field land; and not for houses in towns, from which warnings to remove are made by the town officers, at the verbal desires of parties, without necessity of precepts in writ from the party, or any other direction from the Magistrate, and by chalking of the doors, testified to be done by the officer executor, and witnesses, without any record of the execution in writ.
Clerk, Scot.
Fol. Dic. v. 1. p. 269. Durie, p. 729.
