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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Muirhead v Provost Corrie. [1736] 2 Elchies 441 (13 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020441-003.html

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[1736] 2 Elchies 441      

Subject_1 POINDING.

Muirhead
v.
Provost Corrie

Date: 13 February 1736
Case No. No. 3.

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The Lords thought that letters of open doors are not necessary for opening presses or chests in order to poind. 2dly, They thought the possessors of such goods not bound to assist the messenger in poinding or opening doors, but only to suffer the messenger himself to do it. 3dly, Where a messenger is actually stopped, though the person that stopped him may have a good reason for doing it, yet in competition even with third parties arresters, the Lords preferred the poinder, as if the poinding had been complete.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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