Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. I.

Messengers Execution.

Philorth
v.
Pitsligo

Date: 9 June 1611
Case No. No 356.

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In comprising, searching may be at one place, and thereafter denunciation, and thereafter searching at another place, and denunciation, so it is no cause of reduction, albeit some searchings be after some denunciations; neither will it be admitted to the debtor's probation, in his reduction, that there were moveables extant the time of the searching, worth the debts comprised for, in respect of the offiecr's exectuion bearing the contrary: A comprising will not be reduced, because the lands are much more worth than the sums comprised for.

Fol. Dic. v. 2. p. 241. Haddington, MS. No 2270.