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The Lord Livingston v Lord John Hamilton. [1686] Mor 3778 (12 February 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor0903778-130.html Cite as:
[1686] Mor 3778
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VIII.
Stamp.
The Lord Livingston v. Lord John Hamilton
Date: 12 February 1686 Case No. No 130.
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The Lord Livingston, as donatar to the escheat of the late Earl of Callander, pursues a declarator aganist Lord John Hamilton, son to Duke Hamilton, who had right by disposition from the last Earl. Alleged, The horning is null, because the execution is not stamped, nor any vestige that ever there was any. For within this week, in the case of the Duke of Gordon, the Lords sustained an execution, because there was the print and vestige of a stamp. Answered, They will do it, and abide at it. The Lord Kemnay reduced the horning, and found it null; and having reported it, the Lords did the same. Now, by the 4th act of Parliament 1686, stamping is declared unnecessary.
Fol. Dic. v. 1. p. 267. Fountainhall, v. 1. p. 402.
