Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Earl of Eglinton
v.
Laird of Cunninghamehead

Date: 27 January 1666
Case No. No 7.

An inhibition of teinds sufficiently executed by a Sheriff in that part, and not by a messenger.

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The Earl of Eglinton pursues the Laird of Cunninghamehead for the teinds of his lands, conform to a decreet of valuation. The defender alleged absolvitor, because he bruiked by virtue of a tack, at least by tacit relocation, which must defend ay and while the same be interrupted by inhibition or process. It was replied, The pursuer produces inhibition, and craves only the valued duties for the years thereafter. It was answered, The inhibition is directed to messengers at arms, and is only executed by a Sheriff in that part. It was answered, That it was sufficient, seeing the letters bore messengers, Sheriffs in that part.

The Lords found the inhibition sufficient to interrupt the tacit relocation.

Stair, v. 1. p. 344.