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A contract was made betwixt two parties: The said contract is sought to be reduced at the instance of one of the contractors. During the dependence of the action of reduction, the other party uses poinding upon the said contract. In end the contract is reduced, and after reduction the party reducer intents action of spuilzie for the goods poinded. The defender alleged he did not wrong to poind pendente lite, quia eventus litis erat dubius. The Lords would not sustain action of spuilzie.
