Scottish Court of Session Decisions

Subject_1 EXECUTION.
Subject_2 DIVISION IV.

The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. XII.

Executions bearing in general to have been lawfully gone about.

M'Intosh
v.
M'Kenzie

Date: 29 January 1675
Case No. No 144.

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A decreet against a person holden as confest before the Lords of Session about 20 years ago, was questioned as null; upon that pretence, that it did not bear, that the party, against whom it was given, was personally apprehended, but only that he was lawfully cited.

The Lords found, that after so long time, the said decreet could not be declared null and void, upon pretence of an intrinsic nullity; in regard the said decreet did bear, that the defender was lawfully cited to give his oath; and he could not be thought to be lawfully cited, unless he had been personally apprehended; and præsumitur pro sententia, and that omnia are solenniter acta; unless it were made appear by production of the execution, that the defender was not personally apprehended; and therefore the said reason of nullity was repelled; reserving action of reduction as accords.

Clerk, Munro. Fol. Dic. v. 1. p. 269. Dirleton, No 232. p. 110.