Challenge on the Head of Interdiction, how Proponable.
Hardie v. M'Caula
Date: 22 January 1631 Case No. No 76.
Found incompetent to propone interdiction in a suspension, altho' the interdiction was known to the charger. But time was allowed to bring a reduction.
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Hardie being charged to make payment of a sum in a bond, suspended, that he was interdicted the time of the making thereof, and done without the consent of the interdictors, whereupon he had reduction ready to be discussed, and which interdiction was also known to the charger, at the granting of the bond, and before. The Lords found the letters orderly proceeded, notwithstanding of the interdiction, and the party's knowledge thereof, in respect of the bond standing unreduced; but suspended the execution of the sentence to a certain day assigned to the suspender to do diligence, to obtain his reduction discussed.
Clerk, Hay.
Fol. Dic. v. 1. p. 175. Durie, p. 558.
