[1745] Mor 3699
Subject_1 EXECUTION.
Subject_2 DIVISION II. Where Parties must be Cited, and Execution done.
Subject_3 SECT. I. Execution against a Party within the Kingdom, must be personally, or at his dwelling-place.
Date: Dunbar and the other Creditors of Dunbar, competing
27 July 1745
Case No.No 25.
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Where an inhibition is regularly executed, and published against the party, it is no absolute nullity that it is not recorded in the books of every jurisdiction wherein his lands lye, but only quoad such lands as lye in a jurisdiction where it is not recorded; but where the inhibition as against the debtor is not duly published, however duly it may be published against the lieges, it will be of no effect whatever; and so it was here found. See this case reported by Lord Kames, No 34. p. 3705.
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