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In a suspension between Glen of Bar, and L. Knock, a reason of suspension being founded upon a writ, made by the charger, which was produced to verify the reason, the letters were found orderly proceeded notwithstanding thereof, because there was a former suspension upon this same reason discussed, finding the letters orderly proceeded, for not verification thereof; so that albeit the reason was both relevant, and here instantly verified, yet seeing it was not verified in the former suspension, but decreet given against him for not verifying thereof, there being a term affixed to the suspender to have proved the same, and he failing to do it, therefore they found, that the verification could not be here received in this new suspension, after a term affixed in the first, as said is.
Act. Hope.Alt. Stuart & Cunninghame.Clerk, Scot.
Fol. Dic. v. 2. p. 416. Durie, p. 351.*** Auchinleck reports this case:
Hamilton, relict of Glen of Bar, charges Archibald Glen, heir, to infeft her in an annualrent, conform to her contract of marriage. The defender suspends, that by a posterior transaction betwixt the suspender and her, it was agreed that she should accept a certain sum in contentation of the whole conditions in her contract of marriage; and for proving of this reason, the suspender obtained an incident for a term to produce the minute of the said transaction, which term was circumduced. Thereafter he having recovered the said minute, suspends of new upon the foresaid reason. The pursuer alleged, that he could not be heard to allege this minute now in the second suspension, because having an incident granted to him before, he circumduced the term; and if this were granted, there would be no end nor certainty of processes of this nature.
The Lords repelled the reason, and found the letters orderly proceeded.
Auchinleck MS. p. 100,*** Spottiswood also reports this case:
Archibald Glen of Bar, having suspended a charge given him by John Fraser of Knock, for fulfilling a contract, upon this reason, That by a minute of a contract passed between the pursuer and defender, thereafter they had transacted otherwise;—this reason being found relevant, and a day assigned to the suspender for proving thereof, he failed therein, and the term was circumduced, and the letters found orderly proceeded. Afterwards Glen suspended upon the same reason again, and produced the said minute. The Lords would not receive it, in respect he had suffered the term in the first suspension to be circumduced against him.
