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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1629] Mor 10511 (22 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2510511-018.html
Cite as: [1629] Mor 10511

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[1629] Mor 10511      

Subject_1 POINDING.

A
v.
B

Date: 22 January 1629
Case No. No 18.

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If goods be poinded, and suffered to remain in the possession of the debtor, he deceasing, another creditor pursues the defunct's relict, as intromitter with the defunct's goods and gear, intromitted with by her, he may not allege, that it was gear poinded bybefore her husband's decease, and only suffered by the said,who poinded the same, to remain in his house, under his tolerance; because a tolerance presumes a transaction.

Auchinleck, MS. p. 160.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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