Restitution, even within on hour, not relevant, unless made cum omni causa.
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Robert Knows, indweller in the Water of Leith, pursues Joseph Learmonth, baxter in Edinburgh, for spoliation of a horse. Alleged no spuilzie, because within one hour after, the defender restored the horse to the pursuer's man, from whom he is alleged to have spuilzied him, and so cannot be called as a spuilzier, especially seeing the pursuer and his horse were bound in service to the baxters of Edinburgh for carrying of their loads and stuff between Edinburgh and the common mills, of which bakers the defender is one, and so he might intromit, and he did restore. Replied, Ought to be repelled in respect of the violent spoliation and away taking libelled, and, for the offer made of restitution, non-relevant, except it were said cum omni causa, which he cannot say, because he offers to prove, that before the offer to restore, his back was broken with the weight of a burden laid on by the defender. Did admit the reply and summons.
