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Irvin of Hilton v The Factor of the College of Aberdeen. [1683] Mor 10519 (00 March 1683)
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[1683] Mor 10519
Irvin of Hilton v. The Factor of the College of Aberdeen
1683.
March. Case No. No 32.
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The exception of lawful poinding in a spuilzie being offered to be taken off by an allegeance, that labouring goods were poinded in labouring time; and it being proven, that the usual time of labouring about Aberdeen was after Michaelmas, the 29th September; and the poinding was executed on the 28th, when some of the neighbours had stricken plough, but the pursuer had not begun to till;
The Lords found, That the poinding was not in labouring time, though some of the country had begun to till. And some of the Lords were of opinion, that the goods might have been lawfully poinded, even after the 1st of October, though other neighbours had begun to till, unless the poinded goods had been once yoked that year.
Fol. Dic. v. 2. p. 95. Harcarse, (Spuilzie.) No 859. p. 244.
