Publication by Process of Mails and Duties, and Poinding of the Ground.
Douglas v. Douglas
Date: 19 June 1605 Case No. No 13b.
A man gave infeftment of annualrent to a conjunct person, to be holden of himself. The receiver raised letters for poinding the ground; yet as no possession followed, and the party was in mora, a stranger buying the land excluded him.
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Douglas, brother to Kilspurdie, persewed Alex. Douglas Maisser, to heir and sie the ground of his lands of Crawmond poynded for ane annuelrent analied furth thairof, be the Laird of Kilspurdie, to this persewar, his brother, be the space of 26 years syne or thairby. It was alleged, That this persewar could have no process for poynding of this ground, becaus his titill was ane privat seasine, never authorised be possession, and thairfore could not give action agains this defender, having conqueised the propertie of thir lands from Kilspurdie titulo oneroso, and had obtained publick heritabill infeftment thairof, holden of the superioure, and possession be virtue thairof. It was ansred, That the persewar had raised letters to search, seik, poynd, and appryse, the readiest gudds, being upon the saids lands lang befoir the said Alexander's infeftment, and sua his infeftment could not be reput privat; notwithstanding whairof the Lords fand the allegeance relevant, and wald not grant letters to poynd the ground. At this tyme wes remembred the lyk practik betwix auld William Crichton, servitour to my Lord Chancelaer, and the Laird of Drylaw, and betwix Sir Robert Stewart and Haliburton and Logane*.
