Poinding of any goods, on the land, to whomsoever belonging, for the feu-duty, sustained.
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John Mercer being a feuar of the Viscount of Stormonth's, disponed a part of his crop to Andersons, which was delivered and carried to another barn-yard. Stormonth's chamberlain having obtained decreet for poinding of the ground against Mercer for the feu-duties, did thereupon poind these corns delivered to Andersons, whereupon they obtained decreet of spuilzie before the Sheriff, which now is craved to be reduced; because, the superior might warrantably poind whatever he found upon the vassal's feu-land for his feu-duty, which is debitum fundi, but much more the crop of the feu-lands, which are hypothecated for the feu-duties: It was answered, 1mo, That there were sufficient goods upon the ground besides those that were disponed and delivered, and that they were carried to another ground. It was replied, That the other ground was a part of the lands liable to the same feu-duty, and whatever might have been pretended, if the buyers had compeared, and offered to make faith that the corns were theirs, and shown other moveables poindable; no such thing being done, the superior might warrantably poind any part of the goods, upon any part of the feu-lands, for the feu-duty:
