Robert Gordon, the proprietor of Threave Grange, and John Kissock, a tacksman there, agreed that Kissock would renounce his existing tack and accept a new, smaller tack. The parties later negotiated for Kissock to renounce the substitute tack. They entered into arbitration concerning the price at which he would do so, and a decree arbitral was pronounced. After Gordon refused to turn over the amount established by the decree, Kissock charged him for payment. Gordon applied for a suspension, arguing that the charge should be offset by certain claims he made against Kissock.