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In an action of spuilzie pursued by John Bailie of Breadshaw against my Lord Torpichen, the Lords sustained an exception of poinding to elide the spuilzie, notwithstanding it was alleged that the spuilzie was committed upon the 12th of January, 1604, before the which day the decreet whereupon the poinding was used was suspended, and the Bailies discharged; and that in respect the poinding was upon the 9th of January of before, which the Lords preferred to the libel being only founded upon probation of witnesses.
The like case before, James Stewart of —— and William Anderson.
