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Alexander Stewart in Mill of Drummachan, gave in a complaint against John Stewart in Dalreoch, for poinding his cattle upon a bill after a sist on a bill of suspension presented by him.
Answered, The sist was expired.
Replied, Answers had been given in to the bill of suspension, whereby a dependence was created; and it was unlawful to poind.
The Lords found the proceeding to diligence by poinding, while the bill of suspension with the answers given in thereto depended before the Lord Ordinary to be advised, was irregular.
Act. Miller.Alt. Wedderburn.
D. Falconer, v. 2. No 175. p. 210.
