Warning, in what Cases necessary. - How to be executed.
James Lundin of Drums, v. James Hamilton
Date: 19 December 1758 Case No. No 86.
Warning only necessary in removings from land, not from a house, though in the country.
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The question which occurred betwixt these parties was, Whether a regular warning was necessary to be executed forty days before Whitsunday, previous to any process of removing, against a tacksman of a house in the country? or, Whether the act 1555, anent warnings, does not apply only to the possessors of lands?
See Craig, Lib 2. D. 9. § 18.; Stair, Title Tacks, § 38.; Sir George Mackenzie, Observ. on said act; Bankton, vol. 2. p. 110.; 21st November 1671, Riddel, No 67. p. 13828.
“The Lords unanimously found, that the act 1555 did not extend to houses in the country.”
Reporter, Lord Justice-Clerk.Act. D. Grume.Alt. Lockhart.
Fol. Dic. v. 4. p. 223. Fac. Col. No. 140. p. 266.
