A party was found liable for spuilzie, having poinded upon a decree of the Lords, after reduction of it was raised though there was no suspension.
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The Laird of R. called Vanse, pursued the Laird of Auchtertuile, for spoliation of certain goods, oxen, and cows. It was answered by Auchtertuile, That he had committed no spuilzie, because he did the same, auctore Prætore, and by virtue of the Lords' decreet obtained coram Dominios Sessionis, et inductus fuit in possessionem illorum bonorum auctoritate judicis. To which it was answered, That the said decreet was reduced, and all that followed thereupon; and so whatsoever thing the party had done by the said decreet, it being reduced and taken away, it is alike as if it had never been in rerum natura, et sie fuit factum partis et non judicis. The Lords admitted the libel and reply. Durum hoc videbatur nonullis Dominorum, cum de praxi nostra decreta semel lata in rem judicatam transeunt, et paratam executionem habeant, sive bene sive male lata fuerunt, nec obstabat processus et inchoata reductionis intentio. The Lords therefore, notwithstanding of the admitting of the summons and reply, referred the modification of the profits to themselves, quia bona fide egisse videbatur is qui interposito judicis decreto etiam invalide intromissit.
