Scottish Court of Session Decisions

Subject_1 POINDING.

Daniel Mitchell
v.
William Gillies

Date: 4 August 1775
Case No. No 55.

Click here to view a pdf copy of this documet : PDF Copy

In an action of restitution at the instance of a prior against a subsequent poinder of a tenant's stocking, which, it was proved, were, soon after the, first poinding, returned into the possession of the debtor, who continued in the farm as formerly, apparently tenant of the farm, and owner of the stocking, though the pursuer alleged there was a written agreement as to both between the debtor and him, which, however, he could not produce, alleging it was lost; and, where the fama consentiens vicinii, that this was a contrivance, by poinding on a fictitious bill, to disappoint the defender, and the tenant's other creditors, was fortified by the proof led; and the Court being of opinion, that, in those circumstances, poinding, which is a legal disposition, could have no stronger effect than a voluntary one, retenta possession;

The Lords assoilzied the defender.

Act. Geo. Buchan-Hepburn. Alt. M'Laurin. Clerk, Pringle. Fac. Col. No 193. p. 125.