Sequestration in the hands of one of the competitors.
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In a quadruple poinding, James Weemys craved to be answered of the farms of the crop 1623, arrested by him as assignee to a bond of 1000 merks, granted by umquhile Richard Lundie of Spittle, whereupon he has, gotten decreet of payment-making against Robert and his tutor. Alleged the bond of 1000 merks was paid his cedent, and so other farms are his, as apparent heir to his father, heritor of the lands. Admits Robert his allegeance to his probation, and yet ordains Weemys to be answered and obeyed of the farms, as parties found to have best right, in case Robert fail in probation; and this because the farm would remain unprofitable in the tenant's hands, or he might become non solvendo, And in respect also Weemys then instantly found caution to make the same forthcoming to Robert, if he prove his allegeance, arrested farms may be ordained to be given up during the dependence of probation of allegeances.
Clerk, Durie.
Fol. Dic. v. 2. p. 366. Nicolson, MS. No. 517. p. 355.
