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Maxwel v Maxwels. [1676] Mor 14729 (25 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor3414729-010.html Cite as:
[1676] Mor 14729
What understood to be a Spuilzie. - What Damages allowed.
Maxwel v. Maxwels
Date: 25 July 1676 Case No. No. 10.
Spuilzie of goods in coffers was sustained by the party having the key, and breaking up the coffers.
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Rachel Maxwel pursues Mr. Hugh Maxwel and his wife for a spuilzie, and breaking up some chests and coffers, and taking out webs of linen and others which were in Rachel's possession. The defender alleged non relevat, by having of the keys, to infer possession, that being competent to children and servants in families; and the pursuer was in her father's family, and the goods must be presumed to belong to her father, and so to Mr. Hugh, as having right from a donatar his escheat after declarator.
The Lords repelled the defence, and sustained process, seeing the meddling with the goods was not by parents; and that the having of the keys was sufficient possession against any others but parents and masters.
