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Albeit ane man intent summoundis for reductioun of ony decrete or sentence gevin and pronouncit aganis him, the dependance of the said summoundis, or cause of reductioun, sould not stop or delay the execusioun of the decrete.
Fol. Dic. v. 2. p. 326. Balfour, (Of Reduction of Senrence) No. 4. p. 406.*** Sinclair reports this case:
In the cause of the Ld Ogilvie against Sir John Campbell of Lundie, there were certain lands of the said Lord's as pledge and surety for the Laird of Dunoon comprised to a woman called M; and these lands being apprised to her, she caused assign to the said Sir John for money, who, by reason thereof, obtained infeftment thereof by the Earl of Crawford, superior of the same. Thereafter the said Lord got a decreet of the Lords of Council, upon which these lands were apprised, reduced, the said Sir John, not called thereto; and thereafter the said Lord called the woman's heirs, and that for his interest, to hear that apprising be reduced, because the decreet upon which it passed was reduced now. The said Sir John shewed how he had these lands titulooneroso et petiit diem ad vocandum warrantum suum. The Lords, by interlocutor, decerned that he ought not to have now any warrant, because there could nobody warrant such a process, and there was nothing asked here from him that he had titulo oneroso, for there was no question of the lands not his infeftment of these lands reducing, but allenarly of the process of apprising; 2dly, He asked the process of reduction of apprising to be deferred until his summons be also tabled, or the reduction of the decreet given for the Lord Ogilvie, reducing the decreet upon which the said apprising was passed, were first called so and that because the said decreet reductive concerned the said Sir John, and was given he not being called thereto; or at the least had, pæ deleto, he then being in the King's special service, so that he might not compear then for his interest, and so legitima absentia. Alleged, That his summons depending, as said is, for restoring of him against the said decreet reductive, and also for retreating of the same, ought to be first decided before the said decreet reducitive were executed, and by virtue thereof any process led for reduction of the apprising foresaid; and to the effect foresaid produced our Seal and Letters under his signet. The Lords, by interlocutor decerned, that the allegeance foresaid was not relevant, because of the practick, petitio restitortionis in integrum vel actio pro reductione alicujus decreti intent non impedit executionem ejusdem; and also because our Sovereign Lord's prirty lettered ought not to be obeyed for stopping and hindreing of justfied conforth to the act made thereupon; and also, in the same case, the Lords found that neither the act of Parliament, speaking of reduction of inordinate process to be called within three years, nor yet the act of apprised lands to be radeemed within seven years, could have place in this case, and stop the reduction of this apprising; quia acta loquuntur in diversis casibus ut ex eorum inspectione licet cognoscere.
