In a spuilzie many persons being called as accessories, the Lords declared that they would ordain the pursuer to insist against the accessories first, that such of them as were assoilzied might he witnesses.
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This day, in a spuilzie betwixt Halbert Irvine and Mackertnay, the defender principally called, having proponed a defense, upon a disposition and delivery of the goods in question, and craving to prove the same, by others of the defenders, called as accessory, as necessary witnesses, alleging, that the pursuer had called all that were present upon the ground, as accessories, that thereby he should get no witnesses;
The Lords ordained the pursuer in the spuilzie, to declare whether he would insist against these others, as accessory, or as applying any of the goods to their own behoof, or if he would not, allowed them to be received as witnesses; and if he did insist against them, ordained the process against the principal party to sist till the accessions were discussed, that such of them as were assoilzied might be used as witnesses.
