Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION IX.

Rights when presumed simulate.
Subject_3 SECT. I.

Disposition of moveables retenta possessione.

Colonel Haitlie
v.
Arthur Lyle and Others

Date: 9 February 1666
Case No. No 247.

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There is a spuilzie pursued at the instance of Colonel Haitlie, against Arthur Lyle and certain other persons, for spuilzie of a great quantity of yarn belonging to the pursuer, and in his possession. It was alleged for the defenders, That the said yarn was lawfully poinded. It was replied, Ought to be repelled, unless the defender would allege that the yarn was poinded for a debt due by the pursuer after the said yarn being bought and delivered to him, and the price paid, and he in possession by the space of divers days before the poinding, could never be poinded for any other debt, nor can the poinding liberate. The Lords assoilzied the defender from the libel, in respect the yarn poinded was in the common debtor's cellar, and poinded out thereof, and that it was looked after by the common debtor's servants.

Fol. Dic. v. 2. p. 156. Newbyth, MS. p. 57.