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Scottish Court of Session Decisions
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: -
v.
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24 June 1748 Click here to view a pdf copy of this documet : PDF Copy
Upon report of my Lord Drummore, the Lords refused to interpose their authority and grant a warrant for letters of open doors in order to execute a poinding upon a baron’s decreet. Lords Arniston and Tinwald said they thought the baron had power himself to execute his own decreet by breaking open doors; and all of them were of opinion that the Court of Session had nothing to do to interpose in the affair.
It is certain, that a messenger poinding upon a horning cannot make open doors without letters for that purpose; but he is no judge, and has no power in himself or jurisdiction. It was further said that a sheriff could not grant a warrant to break open doors; but that was not admitted, and it was said there were many examples of the contrary,—and so indeed it appears from a decision in Durie, 7th December 1630, Dick against Lands.
The electronic version of the text was provided by the Scottish Council of Law Reporting