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Scottish Court of Session Decisions >>
Stuart v - . [1624] Mor 3778 (6 March 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0903778-128.html Cite as:
[1624] Mor 3778
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VIII.
Stamp.
Stuart v. -
Date: 6 March 1624 Case No. No 128.
A horning was found null, because no vestige of a stamp appeared, altho’ the execution bore that the messenger had affixed his stamp.
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In an action of reduction of a horning, pursued at the instance of Mr James Stuart, commissary of Dunkeld, upon this reason, because it was not stamped; the reason was found relevant, and the horning found null, for the execution was not stamped, nor any vestige or appearance, that ever any stamp had been affixed thereto, albeit that the same bore these words of the officer, giver of the charge, viz. that ‘ for mair verification, his stamp and signet was affixed;’ which words were not respected, seeing there was no appearance that the same had ever been stamped, for the horning was but lately executed, and the charge given in September 1623, so that the stamp might have appeared by some mark in facto recenti; but there was no dispute in this process for the defender, but only the horning produced by the defender, and the reason referred to the Lords.
Act. M'GillAlt. Nairn.Clerk, Hay.
Fol. Dic. v. 1. p. 267. Durie, p. 118.
