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Scottish Court of Session Decisions >>
Smeton and Hepburn v Bailie Brand. [1698] Mor 10524 (15 February 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor2510524-040.html
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Philiphaugh reported Smeton, Hepburn, and Bailie Brand. It was an objection against the formality of the poinding of a copper cauldron, that it was not carried to the market-cross to be appretiate there. Alleged, They had done the equivalent, in carrying a symbol, and a part of itself viz. its ledges to the cross; and in such bulky moveables that is sufficient, as in a salt-pan, the symbol is a nail or two of it; in hangings, one piece is sufficient for the whole. Yet the symbol is not always homogeneous, for a wisp of straw, as their food, serves for a flock of sheep. The Lords found the poinding lawful, the symbol being proved to have been adhibited.
Fol. Dic. v. 2. p. 92. Fountainhall, v. 1. p. 824.
