Lady Pitfoddels v. The Laird and Tenants of Pitfoddels
Date: 4 February 1674 Case No. No 15.
In a process of poinding the ground, the pursuer is not bound to prove the rents. The decerniture goes in general. But, in executione, he must take care to poind for no more than bygones, and the current term.
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The Lady Pitfoddels being infeft in an annualrent in liferent by her husband, pursues poinding of the ground against this Laird of Pitfoddels and his Tenants. It was alleged for the Tenants, That by the act of Parliament in favours of poor tenants, poinding of the ground could not extend to their moveables, further than for their rent, which therefore ought to be liquidated and instructed. It was answered, That a poinding of the ground being a real action against the ground principally, whereby it may be apprised or adjudged, it was never delayed upon probation of the tenant's rents, but will proceed against the present and future tenants; and if any more be poinded from them than a term's rent, it will be a spuilzie, if in the time of the poinding they produced their tacks, or offered to make faith upon their rents.
The Lords would not delay the decreet of poinding, or put the pursuer to instruct the rents, which hath not been accustomed in poindings of the ground; but if the advocates for the tenants deponed that they were employed for the tenants, the Lords superseded the extract of the decreet for a time, that the tenants might produce their tacks, or depone upon their rents where they wanted tacks, that the decreet as to them might be restricted accordingly.
