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Scottish Court of Session Decisions >>
Douglas v Jackson and Grahame. [1675] Mor 3739 (11 February 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0903739-075.html Cite as:
[1675] Mor 3739
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The Lords found, that a poinding is not lawful, unless it be begun before the setting of the sun; and what is to be done at that time, be all done and complete before the day light be gone.
Fol. Dic. v. 1. p. 263. Dirleton, No 250. p. 121.*** Stair reports the same case:
Robert Douglas having pursued Jackson for spuilzie, or restitution of goods poinded from him, insists, upon this reason, that the poinding was not done in due time of day, but in night, at least after sunset. It was answered, That it was sufficient that it was done with day light.
The Lords found, that the poinding was not valid, unless it were begun before sun-set, and ended during the day light.
