Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XXIII.

What Actions competent.

Laird of Rentoun
v.
Mr Mark Ker

Date: 24 January 1662
Case No. No 388.

Not competent to suspend a decree upon the head of iniquity.

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The Laird of Rentoun having obtained decreet before the Commissaries of Berwick against Mr Mark Kerr, compearing for three chalders of victual of teind, Mr Mark suspends upon iniquity; because he having proponed a relevant defence, that he ought to have allowance of the annuity which he had paid, which affected the teinds, it was repelled. The charger answered, Non relevat, by way of suspension, without there were a reduction. The suspender answered, The reason was instantly verified, by inspection of the decreet.

The Lords found the reason not competent by suspension without reduction.

Stair, v. 1. p. 87.