Poinding of a work horse, in time of labouring, there being sufficiency of other poindable goods, is spuilzie.
Click here to view a pdf copy of this documet : PDF Copy
In a spuilzie of a horse, action was sustained, albeit the defender excepted against the same upon a lawful poinding, conform to a sentence; seeing it was replied, That the horse was a plough horse, and there were other goods poindable pertaining to this pursuer, more than would satisfy the debt; which reply was sustained: And the Lords found it not necessary, that the pursuer should be astricted to say, that the horse was poinded at the very time when he was labouring in the plough; but that it was sufficient to reply and prove, that the fact was done in the ordinary season of ploughing, which was libelled to be in February, and which was sustained in that part, and that he was in use, diverse days immediately preceding the taking away of the horse, and continually all that season in labouring time, to work in the plough; neither was it found necessary, that the pursuer should be astricted to libel or reply, that he show to the persons who came to poind at that time, the other goods which he had then poindable; but found it sufficient to reply, that he had goods then poindable, as said is. But the Lords reserved the modification to themselves.
Act. Hart.Alt. Craig.Clerk, Gibson.
Fol. Dic. v. 2. p. 94. Durie, p. 544.
