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Scottish Court of Session Decisions >>
John Maul and Sir James Hay v Margaret Hay. [1684] Mor 10519 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor2510519-033.html Cite as:
[1684] Mor 10519
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Found that where stacks in yards, or wine in cellars are poinded by symbols, though the execution bear, that the whole quantities were poinded, it is only effectual in so far as may answer to the ground of the poinding; and the superplus doth not belong to the poinder, but he is liable to the other creditors for the value thereof, unless the subject be unicum corpus, as a horse, or piece of coin that could not be conveniently divided. And the other creditors may poind the superplus goods after the ground of the first poinding is satisfied. And found, that a creditor who had a warrant for poinding, not having made use thereof, but only arrested in the first poinder's hands, a third creditor poinding after the arrestment, was preferable to the arrester as having used the more habile diligence. For the property of the superplus not being in the person of the first poinder by symbol, he could not be debtor therefor, and so the arrestment took no effect; especially the goods having never been altered or removed out of the common debtor's cellar.
