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Scottish Court of Session Decisions >>
Earl of Roseberry v Geddes of Scotstoun, &c. [1740] Mor 10405 (23 July 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2510405-084.html Cite as:
[1740] Mor 10405
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Earl of Roseberry v. Geddes of Scotstoun, &c
Date: 23 July 1740 Case No. No 84.
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The Earl of Roseberry's estate being sequestrated by the Lords at the suit of his creditors, and L. 100 Sterling yearly allowed to himself in name of aliment; upon a complaint by the Earl against certain of his creditors for having poinded his horse, which he affirmed to have been purchased by him with the money allowed for his aliment, the Lords founds, “That the horse being by the execution of poinding estimated at L. 9 Sterling, was not poindable, and ordained the poinder to restore.”
The day before, the Lords had found another horse of his poindable, because being of L. 50 Sterling value, such horse could not be presumed purchased by his aliment; but a horse of so low a value as L. 9 was what reasonably might be purchased out of the aliment for his use, and so was as little poindable as the aliment itself was arrestable.
