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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Currie v Crawfurd. [1745] 1 Elchies 196 (25 June 1745)
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[1745] 1 Elchies 196
Subject_1 HYPOTHEC.
Currie
v.
Crawfurd
1745 ,June 25 .
Case No.No. 12.
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The question was, Whether a tenant's cattle being poinded the heritor could next day bring back the goods? upon the footing of the case 11th December 1672, Crichton against Earl of Queensberry, (Dict. No. 8. p. 6203.) The Lords altered the Ordinary's interlocutor, and found he could not bring back. I was at first of a different opinion, but altered my opinion on a new consideration, that even a proprietor whose goods were erroneously poinded for another's debt, could not bring them back after the poinding was completed, but behoved to sue.
The electronic version of the text was provided by the Scottish Council of Law Reporting