In a competition betwixt a poinder and arrester, the latter was preferred, because the party in whose hands the arrestment was laid, had voluntarily exhibited and delivered the goods to the poinder's servant.
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In an action betwixt Dr Kinloch and James Haliburton of Pitcur, anent the poinding of three oxen, pertaining to one Thomas White, in whose hands the oxen were arrested as pertaining to Thomas's brother; ought to be compelled to make the said oxen forthcoming, notwithstanding the poinding thereof by the Laird of Pitcur; and that, because it was offered to be proven, that the said David had voluntarily exhibited the said oxen, and delivered the same to George Jackson, servitor to the Laird of Pitcur.
The like decided before, betwixt George Ord and Robert Blackadder, defenders, and James Wright pursuer.
