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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Countess of Cassillis v Earl of Roxburgh. [1679] Mor 8341 (11 December 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor2008341-017.html
Cite as: [1679] Mor 8341

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[1679] Mor 8341      
Subject_1 LITIGIOUS.
Subject_2 DIVISION I.

Litigious by Process.
Subject_3 SECT. II.

Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.

Countess of Cassillis
 v.
Earl of Roxburgh

Date: 11 December 1679
Case No. No 17.

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An execution, bearing a copy delivered to the party's wife, was not sustained, unless it were added, that it was delivered to her in the party's dwelling house.

 Fol. Dic. v. 1. p. 552. Stair.

*** This case is No 19. p. 3695. voce Execution.

 *** Fountainhall likewise mentions it:

An execution sustained, though it wanted six several knocks, and the fixing a copy, because it bears a copy was delivered to the Earl's own servant in his house. See act 75th, Parl. 6th, James V.

 Fountainhall, MS.

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/1679/Mor2008341-017.html