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William Buchan, in Aberbrothick, having sold a bark to William Harper in Borrowstoness, gave his bond for warranting of the said bark free in all water. The said bark was arrested in ——, by William Smith, alleging he had right to the half of the bark from John Symson his brother, which George sold the bark to John Dugall, who disponed the same to the said William Harper; and before the Admiral the said William Symson obtained decree against the said William Harper, notwithstanding that the said Harper did intimate the plea to the said George Symson, and likewise proponed a relevant defence, which was repelled. Harper pursues the said Buchan for warrandice. He compears, and alleges that he cannot be decerned in warrandice, because the half of the bark was not evicted for want of a good security; but by the iniquity of the Judge. The Lords ordained William Buchan to warrant the pursuer, and suspended the execution till a certain day, that the defender might reduce the Admiral's decreet, if he could.
