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Earl of Argyle v George Campbel. [1667] Mor 13826 (24 January 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3213826-065.html Cite as:
[1667] Mor 13826
Warning, in what Cases necessary. - How to be executed.
Earl of Argyle v. George Campbel
Date: 24 January 1667 Case No. No 65.
Warning sustained at an old kirk, tho' divine service was performed at a new one.
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The Earl of Argyle pursues George Campbel, to remove from certain lands, who alleged absolvitor, because the warning was null, not being used at the right parish kirk, where divine service at that time was accustomed. It was answered, non relevat, unless it were alleged that the other kirk were erected by Parliament, or Commission thereof, and that thereby the old parish was suppressed and divided; 2do, Though that were alleged, it ought to be repelled, because it is offered to be proved, that all warnings and inhibitions have been used at the old parish kirk, and particularly by the defender himself.
The Lords repelled the defence Simply, unless the erection were alleged as aforesaid, and found in that case the reply relevant to elide the same.
