Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XVIII.

Challenge on the Head of Interdiction, how Proponable.

Thomas Crawford
v.
James Haliburton

Date: 20 June 1671
Case No. No 78.

Interdiction cannot be proponed by exception in defence.

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Thomas Crawford having charged James Haliburton upon a decreet-arbitral for payment of a sum; he suspends, and alleges that he was interdicted at that time, and that the interdictors did not consent to the submission, or decreet-arbitral. The pursuer answered, First, That the allegeance was not competent by exception, but by reduction. 2dly, That interdictions had only the same effect as inhibitions, and did operate nothing as to moveables, or personal execution, even by way of reduction.

Both which defences the Lords found relevant. See Interdiction.

Fol. Dic. v. 1. p. 175. Stair, v. 1. p. 736.