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In an action of wrongous intromission, pursued by Mairhead of Lochope against Alexander Cleland, for a brown horse, the Lords found an exception relevant upon a decreet absolvitor pronounced by the Commissary of Glasgow, where the defender was pursued for the horse as lent, and the matter referred to his oath, which the Lords found relevant to elide this new action and probation thereof by witnesses, except he would also refer this new libel to his oath.
