Dilatory defence. - If it must be instantly verified?
Murray v. Murray
Date: 6 February 1672 Case No. No 157.
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A deed conveying lands in Ireland being challenged in a reduction and improbation as forged, the defence was, res judicata, the defender having been assoilzied in a like process intented against him by the pursuer before the Irish judges. Answered, This is a dilatory defence, which must be instantly instructed. Replied, The defender is willing to propone it as a peremptory, so as, if he succumbs, he shall have no terms to produce. The Lords, notwithstanding, refused to sustain the res judicata in initio litis, to bar production, unless instantly instructed, but reserved the same till after production.
Fol. Dic. v. 2. p. 188. Stair.
*** This case is No 18. p. 4799, voce Forum Competens.
