Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

D. 459. _____ _____ contra _____ _____ eod. die.

THE Defender, in a Spulʒie, having Alledged that the Goods were his own; and that, having given them to the Pursuer to be grassed, he might have taken away his own Goods: It was Replyed, That the Pur∣suer was not obliged to debate the Right and property of the said Goods; but in spolio, he needed Lybel no more, but that the Goods were upon his Ground and in his Possession; and taken away vi and in manner Lybel∣ed: And spoliatus ante omnia restituendus.

The Lords debated among themselves, whether the Defence be Rele∣vant; and did not decide the case: Some being of Opinion, that if it should evidently appear, that the Pursuer was not in Possession of the Goods as suos, but in behalf of the Defender; as if there were a Writt betwixt the Pursuer and Defender, bearing that the Goods were the De∣fenders; and that the Pursuer contractu Locationis & Conductionis had tak∣en the same in graseing; that the Defender could not be Lyable for Spuil∣ʒie of his own Goods: But if it should appear, that there was any vio∣lence in taking them away, he may be pursued for a Riot.