Challenge on the Head of Interdiction, how Proponable.
Thomas Crawford v. James Haliburton
Date: 20 June 1671 Case No. No 78.
Interdiction cannot be proponed by exception in defence.
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Thomas Crawford having charged James Haliburton upon a decreet-arbitral for payment of a sum; he suspends, and alleges that he was interdicted at that time, and that the interdictors did not consent to the submission, or decreet-arbitral. The pursuer answered, First, That the allegeance was not competent by exception, but by reduction. 2dly, That interdictions had only the same effect as inhibitions, and did operate nothing as to moveables, or personal execution, even by way of reduction.
Both which defences the Lords found relevant. See Interdiction.
