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 >>
Colonel Haitlie v Arthur Lyle and Others. [1666] Mor 11586 (9 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2711586-247.html Cite as:
[1666] Mor 11586
Click here to view a pdf copy of this documet : PDF Copy
There is a spuilzie pursued at the instance of Colonel Haitlie, against Arthur Lyle and certain other persons, for spuilzie of a great quantity of yarn belonging to the pursuer, and in his possession. It was alleged for the defenders, That the said yarn was lawfully poinded. It was replied, Ought to be repelled, unless the defender would allege that the yarn was poinded for a debt due by the pursuer after the said yarn being bought and delivered to him, and the price paid, and he in possession by the space of divers days before the poinding, could never be poinded for any other debt, nor can the poinding liberate. The Lords assoilzied the defender from the libel, in respect the yarn poinded was in the common debtor's cellar, and poinded out thereof, and that it was looked after by the common debtor's servants.
