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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kirkland v Millar. [1741] 1 Elchies 332 (17 December 1741)
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Cite as: [1741] 1 Elchies 332
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[1741] 1 Elchies 332
Subject_1 PONDING.
Kirkland
v.
Millar
1741 ,Dec. 17 .
Case No.No. 7.
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In a poinding of standing corns begun the 30th August, the messenger taking no further notice of the corns by himself, or any employed by him, after the poinding on the said 30th August, but having left the creditor to cut down the corns and to lead and stack them as he pleased; and he having stacked some in the debtors barn-yard, and carried most of them to his own barn-yard; the messenger did not complete the poinding till December, February, March, and April, when the different stacks were poinded by casting and proving, but without any evidence that there was no embezzlement nor even that they were the same corns. The Lords sustained the objection to the poinding and found it void and null.
The electronic version of the text was provided by the Scottish Council of Law Reporting