Scottish Court of Session Decisions

Subject_1 POINDING.

Turner
v.
Scot

Date: 7 December 1692
Case No. No 39.

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In the case of Turner and Scot about a spuilzie, alleged, Lawfully poinded. Answered, Not; because they were plough-goods in labouring time. Replied, He might poind these, by the 98th act 1503, seeing there were no other poindable goods on the ground. Duplied, That act discharges their poinding, not only if there be other moveables, but even if the debtor have lands to apprise. The Lords found it was so by the act of Parliament, but that it never had been opponed to elide the spuilzie of plough-goods; and therefore repelled it as wholly in desuetude. 2do, Alleged, It was still a spuilzie, because I intimated a suspension to you at the time of the poinding, and you was with the messenger. Answered, You held up a paper, which you called a suspension; and I offer to prove alibi. The Lords preferred the pursuer to the probation, viz. that he offered or shewed the suspension, and that this defender was then with the messenger.

Fol. Dic. v. 2. p. 94. Fountainhall, v. 1. p. 528.