Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

The Viscount of Stormont
v.
Robert and Grizell Andersons

Date: 14 July 1675

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In a reduction of a decreet of spuilyie, obtained before the sheriff of Perth, upon this reason,—That the pursuer did lawfully poind the goods alleged spuilyied, upon a decreet for the feu-duties of the vassal, which are debitum fundi; and so did affect the lands and corns that were in the barnyards upon that same ground:—It was answered, That the corns being sold by the vassal, delivered and transported to another barnyard than that of the vassal's, against whom the decreet was given, and so the proper goods of the buyer, could not be poinded for the seller's feu-duties.

It was replied, That that roume and barnyard to which the corns were carried, being part and pertinent of these same feu-lands, out of which the feu-duties were payable, he might lawfully poind for the same.

The Lords did repel the answer in respect of the reply, and reduced the decreet; and found it lawful to the superior to poind upon any part of the lands set in feu, out of which the feu-duty was paid, whether it be the principal lands denominated in the feu-charter, or part and pertinent thereof; albeit the roume or barnyard, out of which the corns were spuilyied, be distinct from that of the vassal's, and the tacksman or possessor not convened or decerned.

Page 489.