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Scottish Court of Session Decisions >>
Kelwood v Earl of Cassillis. [1576] Mor 14746 (4 December 1576)
URL: http://www.bailii.org/scot/cases/ScotCS/1576/Mor3414746-044.html Cite as:
[1576] Mor 14746
The pursuer ought to have his oath in litem in the case of spuilzie of writs, although the defender may have had a colourable title.
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Anent the action pursued by the Laird of Kelwood against the Earl of Cassillis, it was alleged by the pursuer, that the said Earl entered by violence into his house, and not only spuilzied the goods and gear being there, but also took away his whole evidents and writings pertaining to him. It was alleged by the said defender, that he did neither wrong nor spuilzie in entering into the said pursuer's house, and intromitting with the gear being therein, because at the said time the pursuer was denounced the King's rebel, and put to his Highness's horn, and the said defender had obtained the escheat of the pursuer, and therefore did neither wrong nor spuilzie in intromitting with his gear; and if recklessly, among other gear, he intromitted with his evidents and writings, the pursuer could not call that spuilzie, but allenarly wrongous intromission; which allegeance of the defender was repelled by the Lords.
