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[0000] 1 Brn 110
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
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In an action of spulyie; it being excepted that the goods were lawfully apprised from C. whose goods they were, for a debt, by virtue of letters; Replied, That, the time of the poinding and apprising, the defender's servants came to
the officiar, and offered to make faith that the goods were his, and did not pertain to C. This reply and summons will be admitted to the pursuer's probation, unless the defender will offer him to prove that the goods were C. his proper goods; in which case the probation will be given to the defender, in respect of the poinding; because it is ever presumed for the officiar, and that what he doth is lawfully done. Bal. § ult. Page 89.
The electronic version of the text was provided by the Scottish Council of Law Reporting