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In a pursuit for spuilzie of goods, an exception being admitted against that action, founded upon the poinding of the goods libelled, and the exception being found proved; the Lords ordained the defender to deliver to the pursuer the surplus of the prices of the said spuilzied goods, to the which the same was comprised more than the debt for the which the same was so comprised, seeing the poinding bore all the goods to have been delivered by the messengers and officer comprisers to the party defender, at whose instance the same was comprised, and so that of reason he ought to render back the overplus, himself being paid. And this was ordained to be done in this same process of spuilzie; and would not find any necessity to put the pursuer to seek the same by any new process from the defender.
Act. Cunningham.Alt. Belshes.Clerk, Gibson.
Durie, p. 85.
