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Cite as: [1674] Mor 3755

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[1674] Mor 3755      
Subject_1 EXECUTION.
Subject_2 DIVISION IV.

The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.

Execution by leaving a Copy.

M'Culloch
 v.
Gordon

Date: 11 February 1674
Case No. No 96.

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A charge of horning being given at the debtor's dwelling-house, he not being personally apprehended, it was found a nullity, that the messenger or witnesses did take away the copy of the charge to conceal it from the debtor, without necessity to allege that they were instructed so to do.

 Fol. Dic. v. 1. p. 265. Stair.

*** See This case, No 29. p. 3701.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor0903755-096.html