Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1748] 5 Brn 764 (24 June 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Brn050764-0931.html
|
|
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1748] 5 Brn 764 (24 June 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Brn050764-0931.html |
||
[New search] [Contents list] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: -
v.
-
24 June 1748 Click here to view a pdf copy of this documet : PDF Copy
Upon report of my Lord Drummore, the Lords refused to interpose their authority and grant a warrant for letters of open doors in order to execute a poinding upon a baron’s decreet. Lords Arniston and Tinwald said they thought the baron had power himself to execute his own decreet by breaking open doors; and all of them were of opinion that the Court of Session had nothing to do to interpose in the affair.
It is certain, that a messenger poinding upon a horning cannot make open doors without letters for that purpose; but he is no judge, and has no power in himself or jurisdiction. It was further said that a sheriff could not grant a warrant to break open doors; but that was not admitted, and it was said there were many examples of the contrary,—and so indeed it appears from a decision in Durie, 7th December 1630, Dick against Lands.
The electronic version of the text was provided by the Scottish Council of Law Reporting