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The Lady Gairles being provided, by her contract of marriage, to certain lands, which her father-in-law, the Earl of Galloway, obliged him to make yearly worth to her 6000 merks; whereupon she having raised letters, and charges; and the same being suspended by the Earl; at the calling whereof the Lady declared, that she charged the Earl to make the rental of the lands good, conform to the contract, which she declared the lands were not able to pay, having never paid the half of the rental; and it being here controverted by the suspender, that this trial could not be taken hoc ordine by a charge so summarily, but that it ought to abide an ordinary pursuit, by way of declarator, or other action, and not by way of suspension; the Lords sustained the trial to be cognosced upon the charge in this suspension, and found no necessity that the charger should be put to any other pursuit or declarator therefore, and sustained the same to be taken hoc ordine.
Act. Stuart, Nisbet, & Neilson.Alt. ——— & Oswald.Clerk, Hay.
Fol. Dic. v. 2. p. 403. Durie, p. 899.
