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In a double poinding, the tenants suspenders having passed, by a warrant subscribed by them, from that double poinding, and thereafter giving warrant to insist therein, and at last passing therefrom, the Lords found, nevertheless, that they would sustain process in the cause betwixt the two parties anent their rights, seeing they had both compeared and produced, and seen others rights; after which, albeit the suspenders in a double poinding should not insist, but pass from their instance, yet the parties ought to be discussed; and if the one party would not dispute, that the other party should have sentence upon his right, even as if the suspender had insisted for declaring his preference in his right.
Act. Nicolson.Alt. —Clerk, Gibson.
The like was done December 20. 1642, in a double poinding betwixt Lady Cowfield and the Lady Bancrieff, where Stuart was for the one party, and Oli-phant for the other.
Clerk, Hay.
Fol. Dic. v. 1. p. 593. Durie, p. 480.
