Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Slit v. Douglas
Date: 11 January 1679
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The case between Slit and Douglas being reported,—the Lords annulled and reduced a bond, because it was proven to have been given to shun a poinding via facti upon a decreet, which decreet stood actually suspended, and the suspension intimated and undiscussed; and therefore they reponed against the bond.
Vol. 1. Page 33.
Anent Poinding of the Ground.
It was queried, if a party has a good interest to say,—“If you take out a decreet of poinding of the ground against such lands, my lands, which lie run-ridge therewith, must be expressly reserved forth of the said decreet, since the pasturage for beasts on these places is promiscuous, and they may easily pass from one rig to another.” But now the Lords following equity, not only in ordinary poindings but also in poindings of the ground, if the party be ready to depone that the goods are his, they find that ought to stop poinding, even as it did formerly in the poinding of moveables. See February 1676, Lawson, [No. 465, § 3, page 61.]
Vol. I. Page 35.
Anent Liferent.
A man infefts his wife in liferent of some lands, which paid victual; thereafter he sets a tack of these lands, and makes commutation from one species of victual to another, or from victual to money, in diminution of the former rental. Whether will the relict be obliged to stand to this new tack or not? It is thought she ought not to be prejudged thereby.
