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In an action of ejection and spuilzie pursued by Bewis Kilmure against John Williamson, in Nether Glengour, for spoliation of certain stacks and rucks of hay, mown by the said Sir Bewis, and stacked upon the said lands of Glengour, this exception was found relevant, That the decreet of removing being obtained against the pursuer, and he being removed by the Sheriff, it was lawful to the defender, as servant to the —— of Lothian, his master, to meddle with the hay; notwithstanding it was answered, That the hay was separated from the ground by Sir Bewis.
(The like betwixt the Laird of Lugton and Wilson, in the Potter-row; the Laird of Falhounside and Sinclair of Denston; and Joseph Marjoribanks and Michael Phinlaw against the Lady Melderstaines.)
Item, The same day, and in the same cause, it was found, That Kilmure ought not to have action of spuilzie for certain picks and mattocks intromitted with by one of the defenders, who was an ordinary workman in the silver-mine, in respect he was in bona fide to meddle with his own work-looms, which were delivered to him by his master before; and the most he could have against him, was only restitution of the work-looms.
