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In an action of reduction of a decreet of ejection and spuilzie pursued by Mr. John Douglas against Adam Young, the Lords found that a discharge granted to one Adam Lundie of the actions of ejection and spuilzie, without any mention of sums of money paid therefore, was not relevant to infer liberation aliis debendi. Thereafter it was replied in fortification of the reason founded upon the discharge of the sum, &c. which reply the Lords found relevant, notwithstanding that the discharge was made with this express reservation, viz. without prejudice of his action against the rest of the persons convened, and also notwithstanding of the tenor of the discharge, which bears the one express clause, and makes no mention of sums paid; and likewise the Lords found this reply probable by witnesses, notwithstanding the same was direct contrary to the writ, but they declare the witnesses shall be examined in their own presence.
