Legal Diligence Executed at a Wrong Place. - Head Court Held at a Wrong Place.
Margaret Crawfurd v. Oliphant of Condie
1685.
March. Case No. No 17.
An inhibition not having been executed at the head burgh of the regality; usage for forty years was found necessary to support the execution at the head burgh of the stewartry.
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An inhibition being quarrelled, as not duly execute at the head burgh of the regality of St Andrews;
Answered; It was execute at the head burgh of the stewartry of Strathern, within which the inhibited person's lands lie. 2, Esto the lands lay within the regality of St Andrews, it is offered to be proven, that legal diligence against those lands was usually executed at Strathern, which is sufficient to maintain the execution quarrelled, as diligence used by persons habit and repute messengers will be sustained after their deposition.
Replied; Non relevat that diligences were indifferently execute at Strathern or St Andrews, unless the defender will offer to prove, that, for the space of forty years, all diligences concerning the several lands were execute at Strathern, for if any one execution had been made at St Andrews within the forty years, it preserves the privilege of the regality, conform to the act of Parliament.
The Lords found it relevant to support the inhibition, that for the space of forty years all diligences concerning these lands were executed at Strathern, and not that executions were made promiscuously at Strathern or St Andrews.
Fol. Dic. v. 1. p. 202. Harcarse, (Inhibition.) No 637. p. 175.
