A man found art and part in a spuilzie, because the goods had been conveyed directly to his house.
A man in the Lenox, pursued Denniston of Cowgrane and certain others, for the spoliation, or way-taking, resetting, with-holding, and detaining of certain his nolt; litiscontestation being made, he proved the away-taking furth of his byre of four nolt by Cowgrane, and that they were taken to the house of another Denniston that night, and keeped all that night; which the Lords found to be approbation of the spuilzie against the said pursuer, in respect of their resett. Thereafter it being alleged, That Cowgrane was dead since the act of litiscontestation, the Lords found, That no sentence could be given against him, because the depositions of the witnesses contained probation against Cowgrane.–The Lords found, That the act of litiscontestation made the quantity to divide in equal portions against all the defenders against whom any thing was proven; and therefore they deducted that part which answered to Cowgrane’s part, and decerned for the rest against the remanent defenders,
[1609] Mor 379
Bailii
Scotland
Updated: 28 December 2021; Ref: scu.544309
