Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. VII.

Command or Authority of a Superior.

Elliot
v.
Lord Balcleugh

Date: 29 June 1614
Case No. No. 74.

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In an action of spuilzie of corns, pursued by John Elliot of Barnmouth against my Lord Balcleugh, the Lords found an action relevant founded upon a decreet of removing, and lawful entry, conform thereto; and notwithstanding it was replied, That John was released from the horn, and suspended the decreet, after the entry, which was in August, 1611, and also thereafter shore the corns, stacked the corns, and was in possession thereof for months thereafter, till February, and that, during the dependence of the suspension, it was not lawful to my Lord to meddle with the corns,—the Lords sustained the meddling therewith lawful.

Kerse MS. Fol. 198.