Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Andrew Home, Merchant, v. James Steell, Vintner
Date: 10 January 1694
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Arbuchel reported Andrew Home, merchant, against James Steell, vintner, for a spuilyie of some goods out of his house, and whereon he craved his oath in litem. The defence was, The goods were my daughter's; and the marriage between you and her dissolving within year and day, their property returned again to the father; and having the keys, they might summarily intromit with their own, without hazard of a spuilyie: and cited 30th January 1632, Maccartny; (but in that case there was a disposition:) and 25th July 1676, Maxwell against Dalswinton; where the having of keys presumed property, except against masters and parents.
The Lords thought, if this was the wife's cabinet, wherein she laid up her paraphernalia, her mother's meddling therewith was no spuilyie, unless he will offer to prove, that he likewise made use of that cabinet to lay up his money and goods therein; in which case they would sustain it as a spuilyie, and give him his juramentum in litem; but only to infer the restitution, or the value, and not violent profits.
