Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Baird v. George Innes of Dinkinty
Date: 19 December 1694
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James Baird, servitor to Sir James Ogilvie, advocate, against George Innes of Dinkinty, for the spuilyie of two horses. The defence was,—I was minor, and they were carrying clay out of my ground without warrant or allowance; and my mother ordered me to seize them.
The Lords thought this sufficient to liberate from a spuilyie; but decerned him in restitution of the horses, or their prices, without violent profits; reserving his relief against his mother, as accords.
