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In an action of spuilzie pursued by Duncan Campbell against Christie, wherein the libel being admitted to probation, and it being only proved by the depositions of the Witnesses against the defender, that one of the beasts spuilzied was in his possesion; the Lords, in respect it was a depredation, found the having of one of the goods taken away by way of depredation, made the defender liable for the whole goods which were proved to have been spuilzied, and the profits thereof, albeit it was not proved, that the defender had any accession to the depredation otherwise than that he had one of the beasts spuilzied in his possession, as said is.
