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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Strang v. Hamilton
1670.
January.
28th
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In a pursuit for breach of arrestment, pursued by one Strang contra Hamilton, the Lords found, that the carrying away of corns, and stacking them for preservation, after an arrestment had been laid upon them by one who had an infeftment of annualrent furth of the lands whereon they grew, was no breach of the arrestment; but where the arrestment is laid on by the master of the ground, then found the removing the corns off the ground of his lands to any other place would import a breach of the arrestment: for the drawing all the stoucks to one rig, or stacking them in a barn-yard, to preserve them from beasts or weather, is utilis negotiorum gestio, and makes the arrester's condition better; and it were ridiculous to allow him the power to quarrel it, unless imbecilinent [embezzlement] can be made appear. Infra, No. 496, § 2. [Balfour against Pidgeon, 10th October, 1676.]
