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One Burrel obtains decreet of removing against Gilgower before the Bailies of Edinburgh, in foro contradictorio, which being desired to be suspended upon a reason founded upon a tack of the land controverted, and other opponing his decreet given against him compearing; the Lords found the letters orderly proceeded, notwithstanding of the reason, in respect of the said decreet given against the suspender compearing; at which time the said defence of the tack was competent, and being omitted to be proponed, they found it should neither be received by suspension nor reduction, except that it were libelled by way of reduction, that it was proponed and unjustly repelled, quo casu he might intent ordinary reduction thereon, and no otherways, seeing it must be presumed to have been dolose omitted, being competent to him before the sentence.
Act. Primrose & Dunlop.Alt. Gilmore.Clerk, Hay.
Fol. Dic. v. 2. p. 209. Durie, p. 813.
