It is spuilzie to poind plough goods in ploughing time.
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Wood in Bute pursued a spuilzie of some goods. The defender alleged lawfully poinded. The pursuer replied, They were plough goods which were not lawful to be poinded in plough-time. It was duplied, That plough-time is no determined time, but must run from the actual yoking of every man's plough; but the pursuer's plough neither had been, nor could be, yoked before this poinding because of a great frost. It was triplied, That plough-time must be accounted according to the time that ploughs use to go in any place in Scotland, beginning in October and ending in June.
The Lords found, That plough-goods ought not to be poinded during the ordinary time that ploughs use to go, by the custom of several places in the country, which being come, though the ploughing was hindered to begin for frost, they found plough-goods could not be poinded, neither did they consider what goods were necessary for ploughing the defender's ground, but what was accustomed.
Fol. Dic. v. 2. p. 94. Stair, v. 2. p. 621.*** Fountainhall reports this case:
Wood pursues Stuart for a spuilzie of labouring horses. Alleged, 1mo, His labouring was only of some few burrow acres, which was not to be till January, and this poinding was in December; 2do, There was then a great frost, and so no labouring; 3tio, Six horses were too many, and so he might only poind some of them.
