Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. VI.

Colourable Title of Intromission.

Wauchope
v.
Borthwick

Date: 26 February 1543
Case No. No. 42.

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William Wauchope, agebat de spolio quorundam bonorum contra Borthwick, qui excepit quod ipse virtute precepti vicecomitis sui, got these oxen apprised to him for a sum that he had obtained against the said Wauchope by a decreet of the Sheriff, et quod excusari spoliatio virtute precepti et auctoritatis judicis deberet, quamvis ei per dictum decretum debitum esset solutum. The Lords decerned and condemned him in the spuilzie of the oxen, notwithstanding they were apprised to him by an officer, quia he was in culpa lata, and received the precept wrongously, nothing being owing to him.

Fol. Dic. v. 2. p. 391. Sinclair MS. p. 41.