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Patrick and John Hay v Strachan and The Minister of Dunkeld. [1684] Mor 10522 (00 November 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor2510522-036.html Cite as:
[1684] Mor 10522
Patrick and John Hay v. Strachan and The Minister of Dunkeld
1684.
November. Case No. No 36.
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Found that where two persons poind symbolically by rips of corn, the poinding first consummate by casting, threshing, and measuring, though the other was first inchoate by poinding a rip of corn, and an execution of poinding, bearing, that the goods were apprised on the lands, without mentioning the words on oath) was sustained, in respect it bore, that they were apprised at the market-cross upon oath. Here it was debated, if poinding for the master's debt, before the term of payment of the tenant's rent, could be quarrelled by another creditor of the master's; though it might be stopped by the tenant; and if Whitsunday was not a legal term after which one might poind to complete his diligence, though he leave the corns in the tenants hands till the conventional term of Candlemas, as one may take a decreet declaratory, to make forthcoming at the term. See No 41. p. 10524.
Fol. Dic. v. 2. p. 95. Harcarse, (Poinding.) No 753. p. 213.
