[1736] 1 Elchies 30
Subject_1 APPEAL.
M'Leod
v.
Gordon
1736 ,July 8 .
Case No.No. 2.
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Ankerville and his creditors having entered an appeal against the decreet given for Gartie against Cadboll, and a caption being raised against Cadboll at Robert Gordon the assignee's instance, after the appeal was served against him as well as against Gartie; Cadboll, though he was no appellant, presented a bill of suspension. The Lords would not pass the suspension, but they sisted execution of the caption (raised after the appeal) until the charger obtain the warrant of the Lords in præsentia if in time of Session, or of three Lords if in time of vacance, for executing the same.—N. B. The Lords passed the bill as to some articles upon other grounds, and refused the rest.
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