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Scottish Court of Session Decisions >>
Ld Halkerton v Kadie. [1628] Mor 10509 (1 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2510509-014.html
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An offer to prove against the suit of deforcement, that the goods pertained to another, without that person's offer to make faith at the time of the poinding, was not sustained as relevant to purge the deforcement.—The like found as to another exception, viz. that the master and his servants had stopped the poinding of the tenant's corn for the tenant's own debts, in regard, the master's rent was resting, this not having been proponed at the poinding; which if it had, the poinder might perhaps have offered security to the master for the rent.
Fol. Dic. v. 2. p. 93. Durie.
*** This case is No 3. p. 3426.; voce Deforcement.
