Execution against a Party within the Kingdom, must be personally, or at his dwelling-place.
Matthew Little v. The Creditors of Tundergarth
Date: 26 January 1783 Case No. No 28.
Edictal citation of a party as forth of the kingdom, when he was in Scotland, null.
Click here to view a pdf copy of this documet : PDF Copy
The Viscount of Stormont, superior of the lands of Tundergarth, after an absence of several years from Scotland, arrived there in the beginning of August 1779, and returned to England on the 18th of September following.
On the 26th of August of that year, Matthew Little, who had adjudged these lands from the vassal, executed a charge against his Lordship as forth of the kingdom; and having insisted on his diligence as the first effectual, the other Creditors objected that the charge ought to have been executed by personal citation.
The Lord Ordinary sustained the objection. And to this judgment the Lords adhered, upon advising a petition for Matthew Little without answers.
Lord Ordinary, Braxfield.For the petitioner, Henry Erskine.
Fol. Dic. v. 3. p. 187. Fac. Col. No 84. p. 131.
