Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

John Beaton, Minister at Ayton,
v.
-

Date: 6 December 1679

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Mr John Beaton, minister at Ayton, pursues a spuilyie of his horse feeding upon grass designed to him by the bishop, upon a visitation, for pasturage of two kine and a horse, conform to Act of Parliament.

Alleged,—The designation was null, and the heritors not called. Answered,—It stands unreduced. Farther alleged,—It was the heritor's own grass, till the minister had obtained a decreet for that grass upon his designation; and so he might poind the minister's horse.

The Lords found it a spuilyie, and decerned largely for the price of the horse.

Vol. I. Page 67.

Anent Conjunct Persons.

It was debated before the Lords, whether a cousin-german, or a cousin-german once removed, receiving a disposition from a bankrupt, is to be reputed such a conjunct person as is meant by the Act 1621; for they may marry together, and the relation, as to the design of the Act of Parliament, must stop somewhere.

It is affirmed the Lords found a cousin-german such a conjunct person. See Mackenzie's Observes on that Act.

Vol. I. Page 67.