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A. v B. [1752] Mor 8345 (28 February 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor2008345-026.html Cite as:
[1752] Mor 8345
Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.
A v. B
Date: 28 February 1752 Case No. No 26.
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This day an Ordinary verbally reported this point, whether where an execution of removing bore two witnesses to the executing at the church-door, the messenger could be allowed, after improbation was proponed, to amend his execution, by adding other two witnesses to his execution.
The Lords were of opinion he could not.
It was thought pretty evident, that he had averred a falsehood, in inserting the two that were in the execution, and that this was not so properly amending as making a new one.
