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Wallace v Maxwell. [1687] Mor 3743 (00 February 1687)
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[1687] Mor 3743
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. I.
Designation of the Parties.
Wallace v. Maxwell
1687.
February. Case No. No 80.
An execution was found null, because it did not bear the designation of the purtuer.
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In an action of adjudication for the fines at the instance of Hugh Wallace his Majesty's cash-keeper, against Sir John Maxwell, it being alleged that the execution of the summons was null, in respect Hugh Wallace the pursuer was not designed to be cash-keeper, but it did only contain his name, without any designation, which is declared to be a nullity by the 6th act, Parliament 3, Cha. II.; as also it being alleged against another execution, that it was not stamped, as is required by the 74th act, Parliament 6, James V. the Lords sustained both these dilatory defences, and found the executions null.
Fol. Dic. v. 1. p. 263. Sir Patrick Home, MS. v. 2. No 899.
