Scottish Court of Session Decisions

Subject_1 MULTIPLE-POINDING.

Mary White
v.
John Brown

Date: 13 February 1772
Case No. No 7.

Diligence used by a party compearing in a multiple-poinding, against the raiser of it irregular.

Click here to view a pdf copy of this documet : PDF Copy

White preferred a complaint against Brown, for that he had proceeded to execute horning and caption upon a decree of forthcoming recovered against her as debtor to Harris, notwithstanding his being called in a multiplepoinding at her instance, along with other creditors of Harris, and wherein Brown had entered compearance; and set forth, that in order to avoid imprisonment, she had been obliged to consign the money.

Brown pleaded in his justification, the captious conduct of his adversary, That the charge of horning was given with a view to make her suspend, and bring on the decision of the question, which she did not: That the executing of the caption was delayed; and that the money hath since been restored to the complainer by the respondent's order.

“The Lords found this procedure irregular; but modified both damages and expenses to L. 3.’

Act. B. W. M'Leod. Alt. Ilay Campbell. Clerk, Kirkpatrick. Fol. Dic. v. 4. p. 11. Fac. Col. No 6. p. 10.