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Sir Patrick Home, and his Tenants in Coldingham, v Jean Home, Lady Plendergaist, and Renton the Messenger. [1696] 4 Brn 305 (5 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040305-0664.html Cite as:
[1696] 4 Brn 305
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Patrick Home, and his Tenants in Coldingham, v. Jean Home, Lady Plendergaist, and Renton the Messenger
Date: 5 February 1696
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Whitelaw reported Sir Patrick Home, and his Tenants in Coldingham, against Jean Home, Lady Plendergaist, and Renton the messenger. The Lords found the poinding illegal and unwarrantable, and ordained the bonds taken from the tenants to be restored; but inclined to think she had a colourable and probable title to poind, being on a decreet, which would be sufficient to assoilyie at Privy Council from the riot; but they did not judge it convenient to anticipate the Privy Council's judgment, by inserting these words in the interlocutor, seeing they remitted no more to the Session but to discuss the point of right; for they being valued teinds, they were not the subject of an infeftment of annualrent, nor of poinding, but only of drawing, or making the intromitter liable.
