Scottish Court of Session Decisions

Subject_1 EXECUTION.
Subject_2 DIVISION VII.

Clauses implying or importing particular legal steps of execution.

Andrew Clerk
v.
James Waddel

Date: 17 July 1752
Case No. No 161.

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In a competition of adjudgers, it appeared that the execution of Waddel's summons of adjudication concluded in the following manner, viz, “This I did after the form and tenor, &c. whereof I affixed and left a copy, &c. which copy was subscribed by me, and did bear the day and date of the affixing thereof, witnesses names and designations therein inserted, and hereto subscribing, which are James Nielson and John Young, fleshers in Falkirk; and, for the more verification hereof, I and the said witnesses have subscribed the samen,” &c.

Upon this it was objected, That although the execution bears the subscription of the witnesses, yet it does not certify that they were present when the citation was given by affixing, &c.

Answered, The words above recited sufficiently imply that the witnesses were present.

The Lord Ordinary repelled the objection; and, on a reclaiming petition,

‘The Lords adhered to his interlocutor, and refused the desire of the petition.’

Act. Alex. Lockhart. Clerk, Kirkpatrick. Fac. Col. No 29. p. 48.