The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. I.
Designation of the Parties.
The Lady Kinglassie v. Alexander
Date: 26 November 1680 Case No. No 79.
Executions of a summons written on the back of the summons found null because they did not design the defenders.
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The deceased Lord Kinglassie having disponed his estate to Mr James Alexander and Rachel Aiton in their contract of marriage, upon condition that the children of the marriage should be of the name of Aiton, the Lady Kinglassie as having consented for her liferent right, pursues declarator that Mr James hath contravened the clause of the contract, and thereby omitted his right. He alleges no process, because by the late act of Parliament 1672, anent second summons, it is statute, that all executions shall bear expressly the names and designations of both parties, otherwise they shall be null; but this execution bears no designation of Mr James Alexander. It was answered, that constat de persona, that the execution bears Mr James Alexander and Rachel Aiton within written, wherein their designations are exprest, and that act had only its rise for summonses of interruption, where the executions were not written upon the back of the summons, and so might be applied to divers summonses, and therefore such executions as this have never been quarrelled since the said act of Parliament.
The Lords sustained the defence, and found the executions null.
