Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. I.

Messengers Execution.

Mr Simeon Ramsay
v.
Pilrig

Date: 20 June 1628
Case No. No 358.

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Pilrig craved an inhibition, used at the instance of Mr Simeon Ramsay against him, to be reduced, in respect the same was neither used against him personally, nor at his dwelling-house; for in so far as the executions bore to be done at his dwelling-house at Pilrig, he offered to prove that he had his actual residence, for the space of a quarter of a year before, immediately preceding, in Glendovan, he and his family. Alleged, That the defender should be assolzied from the reason of reduction, because he offered to prove, that the pursuer had his dwelling in Pilrig, with his family, for the space of forty days, immediately preceding the inhibition. The Lords preferred the excipient in the probation, in respect that his allegeance tended to make a lawful act subsist, which the other sought to invalidate.

Spottiswood, (Probation.) p. 239.