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The messenger being convened in a spuilzie as one of the spuilziers, the Lords found the allegeance proponed for him relevant to liberate him, both from the spuilzie and wrongous intromission, viz. That he poinded by virtue of the Lords' letter, directed for poinding the pursuer's goods for the debts therein contained, although the decreet whereupon poinding was raised was not given against the pursuer, for it was not his fault that the letters were wrong directed; and as he had no opportunity to see the decreet, so it was not his part to call for it, or search the same.
Fol. Dic. v. 2. p. 391. Durie.
*** This case is No. 220. p. 6015. voce Husband and Wife.
