Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. VI.

Colourable Title of Intromission.

M'Kay
v.
Menzies

Date: 14 March 1635
Case No. No. 52.

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A party having taken a horse coming home with meal from another mill than his own, to which the owner of the horse was thirled, and in an action of spuilzie defending himself with the Book of Majesty, and the custom of that country, viz. Athole, the Lords sustained the exception to liberate from spuilzie, but not from restitution of the horse.

Fol. Dic. v. 2. p. 391. Durie.

*** This case is No. 5. p. 1815. voce Brevi Manu.