Scottish Court of Session Decisions

Subject_1 POINDING.

Lockhart of Carnwath
v.
Richardson

Date: 20 July 1742
Case No. No. 9.

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Poinding sustained in competition with other creditors, though at the instance of a brother-in-law, and strong qualifications of simulation that it was retenta possessione. Mr Lockhart, a creditor to his brother-in-law Sinclair of Roslin, got a disposition in security, but Sinclair being rendered bankrupt in terms of the act 1696, Mr Lockhart could not trust to his disposition, and proceeded to poind several particulars, and among the rest, a leaden cistern, the copper for making a boiler, some rape-seed, rape-oil, and other materials for making soap, but did not remove the particulars, but made a sort of new contract with a Dutchman, Vander Wallen, whom Sinclair had hired to make soap for him, to continue to make soap for him. Lockhart, as Vander Wallen swears, paid him L.80 sterling for carrying on the work. The soap was accordingly manufactured, the duty paid by Roslin, and the soap sold by him to Dumfries merchants, and a part of the price received;—and Richardson, another creditor of Sinclair's having arrested, the Lords first preferred the arrestment, and found the poinding simulate; but this day they found no sufficient qualifications of simulation, and therefore preferred Mr Lockhart—me quidem multum renitente.