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William Junkison, Tenant in Newtongrange v the Lady Ardvorlick. [1709] Mor 8343 (26 February 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor2008343-021.html
Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.
William Junkison, Tenant in Newtongrange v. the Lady Ardvorlick
Date: 26 February 1709 Case No. No 21.
Execution of a summons being objected to, because the defender's dwelling-house was not designed, the pursuer was allowed to produce another more formal execution.
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In the cause at the instance of William Junkison, against the Lady Ardvorlick, the execution of a wakening of the process being quarrelled as null, for that the defender's house was not designed; and William Junkison having afterwards produced another more formal copy of the execution, wherein the dwelling-house was expressly designed; the Lady alleged that the execution first produced and given out in the process being null, the messenger could not supply the defect thereof, either by a new execution, or by amending the old one.
The Lords repelled the objection, and sustained the new execution, in respect Junkison offered to abide by the same; albeit such mending of an execution of horning, whereof the conclusion is penal, inferring the confiscation of one's whole effects, would not be allowed.
