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A. v B. [1748] Mor 8231 (29 June 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor2008231-002.html Cite as:
[1748] Mor 8231
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A doubt was stated by a writer to the signet to the Ordinary on the bills, on presenting to him a common bill for letters of open doors, on a baron decree, and execution returned that no access could be got for poinding; which the Ordinary having reported, the Lords “directed the Ordinary to refuse the bill;” for this reason, that they could not interpose where there had been no interposition of the Sheriff's authority to the baron decree.
But the President gave it as his opinion, That the baron himself might execute his own decree, and give the warrant for open doors.
Fol. Dic. v. 3. p. 385. Kilkerran, (Letters of Open Doors.) No 1. p. 338.
