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Cite as: [1699] Mor 3686

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[1699] Mor 3686      

Subject_1 EXECUTION.
Subject_2 DIVISION I.

Warrant of Execution.

Lermont
v.
Gordon

Date: 11 July 1699
Case No. No 9.

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It being objected, That a messenger at delivering the copy, wanted the summons, which is the warrant thereof, and being required then by the defender's advocate to show it, the Lords found a messenger not obliged to show his warrant to third parties not defenders, and that law presumes he had it on him, unless the contrary were proved.

Fol. Dic. v. 1. p. 259. Fountainhall.

*** See This case, No 6. p. 3096.

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/1699/Mor0903686-009.html