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Scottish Court of Session Decisions >>
Lithgow v Euphan Herriot. [1669] Mor 3730 (12 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor0903730-068.html Cite as:
[1669] Mor 3730
Lands within a shire being annexed to a regality quoad jurisdiction, an inhibition served at the head burgh of the shire only is valid.
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In the reduction of an inhibition executed at Euphan Herriot's instance against Thomas Lithgow, upon a bond granted to the said Euphan, which Thomas had thereafter disponed his lands to Mr John Lithgow, the libelled reason was, the inhibition was not lawfully executed at the market cross of Dunse, whereas the lands disponed to the pursuer were within the regality of Melrose. This reason was repelled, in respect of this answer, that the saids lands were not originally within the regality when it was erected, but were only annexed as to the juridiction of answering to courts by the Earl of Haddington, after he got the right of regality; as likewise, that notwithstanding thereof, all denunciations and legal executions have been in use and custom to be made at Dunse and Greenlaw, as the head burghs of the shire.
Fol. Dic. v. 1. p. 262. Gosford, MS. No 113. p. 41.
