Scottish Court of Session Decisions

Subject_1 STIPEND.

Cathcart
v.
Paton

Date: 22 December 1698
Case No. No. 16.

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A creditor having poinded corns standing in the stouks, and carried a rip of them to the market-cross, which was all he could do in that case; and the Minister for his stipend, and some preceding rests, having poinded the same corns before they were threshed, and carried away as much as would answer to the teinds; the Lords found, That the Minister had committed no spuilzie, but that he had right to retain, in so far as extended to the common debtor's proportion of a year's stipend, but not for any bygones; and that he must restore the superplus.

Fol. Dic. v. 2. p. 394. Fountainhall.

*** This case is No. 41. p. 10524. voce Poinding.