The Laird of Powrie Fotheringham v. Lord Balmerinoch
Date: 1 July 1676 Case No. No 18.
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Powrie of Fotheringham having obtained a decreet of poinding of the ground against the Lord Balmerinoch and his tenants, which he caused the tenants suspend, upon that ground, that they were only liable to be poinded for their yearly tack duty, and the yearly annualrent, conform to the infeftment in the lands; it was answered, That they were not only liable yearly for the annualrents, but for all bygone annualrents resting unpaid by their master, for which the ground was poindable in law, being debitum fundi. The Lords did find, That tenants could only be distressed by poinding, in so far as they were due to their master, either for bygones, or in time coming; and that an annualrent out of a barony exceeding the duty of a particular tenant, he ought not to be distressed for more than his duty.
