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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Muirehead
v.
John Polcke
28 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action of maills and duties pursued by John Murehead against John Polcke, his tenant, who suspends, That he could not pay, because his master plundered him, accompanied with a number of soldiers, about the time of the wicked engagement, and left him nothing; whereupon he had spuilyie depending; and is the more odious, that he offers him to prove, that it was done upon a
fasting Sunday. Whereunto the master answered, That he was also sore spuilyied himself that day for not putting out of a footman; it being the tenant's fault, who should have put him out. The Lords assigned a short term to the suspender to prove that which was in facto, and to liquidate the prices; or, if he had rather, more terms to prove his spuilyie. The Lords found the letters orderly proceeded for the master. Page 17.
The electronic version of the text was provided by the Scottish Council of Law Reporting