Scottish Court of Session Decisions

Subject_1 SUNDAY.

Mortimer
v.
Scrimzeour

Date: 9 February 1622
Case No. No. 1.

Poinding executed on a Sunday null.

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In an action pursued by William Mortimer, burgess of Edinburgh, who was donatar to the escheat goods of one James Watson, and whereupon he had obtained decreet of general declarator against one Scrimzeour, for making them forthcoming to the donatar; the Lords found the poinding executed at Scrimzeour a instance, by virtue whereof he would have purged his intromission with the said rebel's goods libelled, to be null, because the same was executed upon a Sunday, which the Lords found not to be a competent day for such acts, and therefore repelled the allegeance founded upon the said poinding.

Clerk, Hay. Fol. Dic. v. 2. p. 405. Durie, p. 16.