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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Wood v. Reoch
Date: 15 June 1670
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This was a spuilyie for eliding whereof there being an exception (offers to prove lawfully poinded) proponed, the pursuer craved he might condescend, by virtue of what he had poinded; of a sentence or a bond. The defender answered, of a sentence recovered on a bond granted by this pursuer to the defender.
Replied,—The defender can never be heard to maintain his poinding, and defend himself from a spuilyie by that sentence and bond; because the pursuer offers him to prove that he has obtained reduction in foro of that bond, and all that has followed thereon ex capite minoritatis et læsionis.
Duplied,—The reply nullo modo relevat to make the defender a spulyier, unless he say he had obtained the said decreet of reduction before the poinding.
Triplied,—That if his decreet be found posterior to the poinding, then he is content to restrict his summons to vitious intromission and restitution of the goods intromitted with by virtue of the said poinding. The Lords restrict the summons ut supra.
