Dependence of a process against lands excambed, is a distress, so as to found action of recourse.
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There being an excambion betwixt the Earl of Home's predecessor, and Sir John Ker of Hirsel, of the Abbacy of Jedburgh, with the lands of Hirsel; and the said lands being distresed by a poinding of the ground pursued at the instance of —— Ker, and Mr. John Bruce her spouse, against the Earl and his tenants; the Earl pursues the Earl of Lothian, to hear and see it found and declared, that he may have recourse against the Lordship of Jedburgh pro tanto, effeiring to the distress. It was alleged, No recourse, because no distress by a sentence. It was answered, That the dependence of a process is a distress, wherein, if the Earl of Lothian shall compear and obtain absolvitor to the Earl of Home, the decree of recourse will evanish.
The Lords sustained process, superseding execution against the Lordship of Jedburgh, till the Earl of Home, or his lands, should be distressed by a sentence.
