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The defender, in a forthcoming, having suspended a decreet, holding him as confest, and the charger not having insisted, the suspender died some years after, without craving to be reponed; and the defender's heirs being pursued, they craved to be reponed against the said decreet; which the Lords refused, seeing now the charger had lost the benefit of the defunct's oath, as to what he was debtor in the time of the arrestment; and there was no nullity in the decreet.
Fol. Dic. v. 2. p. 185. Harcarse, (Oaths.) No 745. p. 210.
