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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cathcart v Paton. [1698] Mor 14792 (22 December 1698) URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor3414792-016.html Cite as: [1698] Mor 14792 |
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[1698] Mor 14792
Subject_1 STIPEND.
Date: Cathcart
v.
Paton
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.
*** This case is No. 41. p. 10524. voce Poinding.
The electronic version of the text was provided by the Scottish Council of Law Reporting