BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Spence v Ld. Anstruther. [1569] Mor 10506 (8 February 1569)
URL: http://www.bailii.org/scot/cases/ScotCS/1569/Mor2510506-008.html Cite as:
[1569] Mor 10506
Tenants who are in arrear might be poinded for their landlord's debt.
Click here to view a pdf copy of this documet : PDF Copy
Anent the decreet of spuilzie obtained by Elias Spence, burgess of Cupar, against the Laird of Anstruther, and letters of poinding direct thereupon, and by virtue of the said letters, poinded certain farmers of the said Laird, that were debtors to him of certain sums; the said Laird called the said Elias before the Lords, for suspending the said letters, because they might not poind his debtors, so long as he had lands and gear of his own. It was alleged by the said Elias, That he might poind the farmers for the farms owing to the said Laird, because farm came not under the name of debts, because the said Laird might have come to the saids tenants' barn-yards or barns, and threshen out so much of the corns of the tenants at his own hand, without any process farther, and taken payment of his own farm, and by right receive it as his own gear, and like other which behoved to bide a process; which allegeance of the said Elias was admitted by the Lords, and found, that he might poind the saids farmers for the quantity of their farms, if the same was not paid before the poinding.
In the same action, and letters passed thereupon, it was alleged by the said Laird Anstruther, that the said Elias might not poind the saids tenants, because diverse of his sons were infeft in the saids lands heritably before the committing of the said spuilzie; and to verify the same, produced infeftments of sasine. It was alleged, He might poind the saids tenants, notwithstanding the said Laird's allegeance, because the said sasines were given to his sons titulo lucrativo, and after the form of the charters to be made, which was in fraud of the creditor; and to verify the same, the said Elias took in hand to prove, that after the date of the said sasines, the Laird intromitted with the hail farms of the said lands from the said tenants to his use, and disponed thereon at his own pleasure continually after the saids sasines; which allegeance of the said Elias was found relevant, and admitted to his probation.
