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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> King's Advocate v Burnet. [1582] Mor 3748 (00 July 1582)
URL: http://www.bailii.org/scot/cases/ScotCS/1582/Mor0903748-085.html
Cite as: [1582] Mor 3748

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[1582] Mor 3748      

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.

King's Advocate
v.
Burnet

1582. July.
Case No. No 85.

Execution at the dwelling-place ought to name the place, otherwise it is null.


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The King's Advocate persewit one Burnet for the breaking of ane arrestment. It was alleged, That the execution of the arrestment buir, that there was execution of the arrestment made at the dwelling-place of him whose gear was arrested, and condescendit not into special on the name of the dwelling-place, or what part the same was into; for, be this manner of execution, and indorsation, the party's defences were taken fra him; whilk allegeance was admittit be the Lords, and fand that the said execution was not guid.

Fol. Dic. v. 1. p. 263. Colvil, MS. p. 337.

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/1582/Mor0903748-085.html