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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Campbell v. Blaickwood
1676.
February.
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One Campbell pursues Blaickwood in Awell for spulyie. His defence is, lawfully poinded. Answered,—The execution of poinding is null, because, 1mo, Only subscribed by the initial letters of the officer poinder his name. 2do, It is apprised at the wrong place, and not at the market-cross of the jurisdiction where the lands lie of which the poind was taken. 3tio, It is but an informal minute; not bearing the names of the apprisers at the market-cross, nor any offer back of the goods to the party, nor that there was any apprising of them on the ground of the lands, as ought to have been done. Replied,—The initial letters are sufficient, because it is offered to be proven that it is his usual way of subscribing: which was found relevant by the Lords. See the like in Dury, 20th January, 1631, Houston contra Houston. Denied the second: whereon it was admitted to the pursuer's probation. As to the third, offered to get an extended execution of poinding at which they would abide as true in all the formalities thereof: which the Lords allowed, being to avoid a spulyie. See the information of this cause beside me.
