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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.
Date: Competition of the Creditors upon the Forfeited Estate of Nairne
16 November 1756 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. No. 216.]
It was objected to the execution of an inhibition, that it bore “that the messenger left and affixed in the lock-hole of the door, after he had made six several knocks upon the said door, a copy of the letters, because he could not personally apprehend the party.”
The President and Lord Justice-Clerk were for sustaining the objection, because, they said, it confounded two kinds of execution which were quite distinct in our law: the first was, when the messenger was admitted, and left a copy with the wife or servants; the second was, when he was denied entrance, and afterwards affixed a copy to the door: because this execution did not beat-that the messenger had not been admitted. But Prestongrange said, that the giving the six knocks at the door, and affixing the copy, implied that he had not been admitted, and therefore it was an execution of the last kind. And with him agreed the majority.
The electronic version of the text was provided by the Scottish Council of Law Reporting