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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bailie Calderwood v Mr John Frank. [1684] Mor 3728 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor0903728-065.html
Cite as: [1684] Mor 3728

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[1684] Mor 3728      

Subject_1 EXECUTION.
Subject_2 DIVISION II.

Where Parties must be Cited, and Execution done.
Subject_3 SECT. V.

Denunciation of Comprising. - Denunciation upon Horning. - Relaxation.

Bailie Calderwood
v.
Mr John Frank

1684. January.
Case No. No 65.

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An apprising was found null, upon this ground, That the lands were not denounced at the head burgh of the regality, viz. Dalkeith, within which they lay, but at the head burgh of the shire, contrary to the act 268th, Parliament 15th, James VI.; which, after enumeration of hornings, inhibitions, &c. hath a general clause, ‘and all others of the like sort;’ and, by the general custom, denunciations of apprising are execute at the head burgh of regality; and the Lords found another apprising null, for that the lands were not denounced upon 60 days, when the debtor was out of the kingdom.

Fol. Dic. v. 1. p. 262. Harcarse (Comprisings) No 299. p. 71.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor0903728-065.html