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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gulman v Watson. [1693] Mor 3752 (21 February 1693) URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor0903752-090.html Cite as: [1693] Mor 3752 |
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[1693] Mor 3752
Subject_1 EXECUTION.
Subject_2 DIVISION IV. The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. II. Designation of the Dwelling-place.
Date: Gulman
v.
Watson
21 February 1693
Case No.No 90.
Found in conformity with No 85. p. 3748.
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The Lords assoilzied from the process of declarator of the escheat, and found the horning null, because it did not design the rebel's dwelling-house, whereby the mean of probation is cut off, albeit it designed her relict of Gulman in Monachie, and so her dwelling-house was to be presumed to be there. Durie observes the like, 14th July 1626, Adam, No 87. p. 3748., where a horning was found null for not designing the dwelling-house, though it called him burgess of Ayr, and so he might be supposed to dwell in Ayr; yet he might be an honorary burgess: And, in an execution of a summons, a defender being designed by his style, it was found to supply the name of his house, because the Lords presumed he dwelt there.
The electronic version of the text was provided by the Scottish Council of Law Reporting