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Scot of Chaple v Turner. [1694] 4 Brn 217 (1 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040217-0493.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Scot of Chaple v. Turner
Date: 1 December 1694
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This being a spuilyie, on thir grounds:—1mo. That it was after a bill of suspension was presented and intimated; 2do. That it was of plough-goods, in labouring time:
It was answered to the first, That the principal suspension was not shown at the intimation. To the second, That, by the probation, it appeared that the horses poinded were carrying muck, and so fall not under the prohibition of the 98th act 1503.
The Lords found, it being in April, which is the bear-seed time, it was to be presumed they were the labouring horses, unless they could show that he kept horses for leading his muck, different from those that tilled the ground; seeing it was the custom to have the same horses in the plough in the forenoon, and in the muck-cart in the afternoon.
