Objections against the Executions of Messengers, how Proponable.
Zinzian v. Kinloch
Date: 4 June 1667 Case No. No 41.
An offer to improve a poinding in data repelled; and action reserved.
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Zinzian, having poinded, pursued a spuilzie against Kinloch, having med-led with some of the poinded goods: The time of the advising the cause, the defender offered to improve the poinding in data. The Lords repelled the defence in hoc statu, reserving action; in respect the poinding was produced ab initio; notwithstanding it was alleged, that the defence was noviter veniens ad notitiam; which the Lords did not respect; because the poinding being produced ab initio (as said is), the defender should have tried and might have had the same information which he has now of the same. In the same process, though the prices of the goods spuilzied were not proven, because it is to be presumed that the prices contained in poindings are not too high, and the Lords having considered the poinding, found the prices low.
Clerk, Haystoun.
Fol. Dic. v. 1. p. 173. Dirleton, No 73. p. 30.
