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Subject_1 Diligence Subject_2 Poinding Subject_3 Suspension. Facts: Note of suspension of a poinding passed on the ground that the amount of effects poinded was excessive: Question —Whether it is necessary in a warrant of sale under a poinding to name the hour of sale.
This was a suspension of a poinding and warrant of sale granted by the Sheriff of Buteshire. The grounds of suspension were, inter alia , that the warrant of sale did not specify the hour as well as the day on which the sale was to take place, and that the respondent had poinded and had obtained warrant to sell all the complainer's moveable property, the appraised value of which was £72, 9s., for a debt the amount of which was only £13. The complainer offered consignation.
The Court adhered, on the ground that the poinding was excessive. In this case the creditor may have proceeded in good faith, but if what had been done were sanctioned, great oppression and injustice might be committed. No opinion was expressed as to whether it was fatal to the diligence that the hour of the sale was not mentioned in the warrant of sale.
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