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Theft of horses being pursued by way of spuilzie against the Lord of the Clan, it was alleged for the defender, That the horses were bought in public market, with burgh and hamehald, which must assoilzie from restitution as well as spuilzie, which the Lords found relevant. But the burgh ought to be solvent.
Fol. Dic. v. 1. p. 593. Harcarse, (Spuilzie.) No 865. p. 245.
