Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Andrew Cowie
v.
Andrew Gibson

Date: 28 June 1634

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Andrew Cowie pursues reduction of a decreet of double poinding obtained, at the instance of Andrew Gibson, before the Lords, for making arrested goods forthcoming, for the sum of 300 merks addebted to the said Andrew Gibson. The reasons of reduction were: The decreet was given for not compearance; and, if he had compeared, he would have alleged he had an assignation, prior to the arrestment, duly intimated. To the which it was answered, That the summons of reduction is noways relevant, in respect of the Act Ja. VI, Par. 9, cap. 3, that a party lawfully summoned upon a double poinding shall not be heard in the second instance. It was replied, That the Act of Parliament was introduced in favour of tenants allenarly, and not in matters of this kind. Which reply the Lords found relevant, and sustained the summons of reduction to work against the obtainer of the decreet, but not against the party in whose hands the sums were arrested, if he had paid the same conform to the first decreet.

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