Scottish Court of Session Decisions

Subject_1 REDEMPTION.

E Buccleuch
v.
Young

Date: 13 December 1626
Case No. No 20.

Dwelling place must be specially mentioned.

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In an action of redemption at the instance of the Earl of Buccleuch against ———— Young, the Lords found the instrument of premonition made to the defender to be null, because it bore him to be warned at his dwelling-place, and made no mention of the special dwelling-place whereat he was warned, nor designed the same in the instrument, but only bore that he was warned at his dwelling-place indefinitely; and this was so found, albeit the date of the instrument bore two special places therein mentioned, designed in the inscription thereof, viz. in this manner, at Trockness, and, such a day and year; and the instrument purported, that he was warned indefinitely at his dwelling-place, not declaring which of the foresaid two places dated in the instrument, nor yet bearing, at his dwelling-place foresaid, nor there.

Act. Scot. Alt. ——. Clerk, Scot. Fol. Dic. v. 2. p. 322. Durie, p. 244.