Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. XII.

Whether Executorial of Ejection may proceed without a Charge?

Lady Stainhill
v.
Captain Burd

Date: 30 June 1675
Case No. No 136.

No previous charge necessary before ejection.

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Captain Burd having obtained decreet of removing against the Lady Stain, hill from a house in Edinburgh, before the Sheriff, the Sheriff-officer was thereupon proceeding to ejection. The Lady gave in a bill desiring suspension, and a present warrant to stop the ejection, because there was no charge given, or expired upon the decreet, which ought to have been done by the act of Parliament the 16th day of November 1669, which, though it mention only poinding not to be without the expiring of a previous charge, yet ex partiate rationis the same should be observed in other executions, the reason though not expressed being, that parties may have that respite, either to satisfy or suspend.

The Lords found the act to extend only to poindings.

Fol. Dic. v. 2. p. 339. Stair, v. 2. p. 338.