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Livingston v Galloway. [1621] Mor 6776 (14 July 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor1606776-210.html Cite as:
[1621] Mor 6776
Consignment by the Pursuer. - Summary incarceration upon suspicion of forgery. - Improbation against titles of honour.
Livingston v. Galloway
Date: 14 July 1621 Case No. No 210.
A party incarcerated upon suspicion of forgery.
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In an action of double poinding betwixt Livingston and Galloway, wherein a term was assigned to Galloway to improve Livingston's comprising, after that the witnesses and comprisers were examined in presence of the Lords, and that the Lords had found, that the foresaid comprising produced by Livingston should make no faith, the Lords incontinent, before the pronouncing of the sentence against Livingston, as they had found before, found that Galloway should not be suffered to insist or prosecute the foresaid improbation, but decerned Livingston to be answered, and obeyed, and committed Galloway to the tolbooth of Edinburgh; the reason whereof was, because Galloway had, upon an extrajudicial declaration made by the persons, apprises, taken instruments under the subscription of a notary and witnesses, bearing, That they never made any such apprising, which instruments Galloway produced; whereby the Lords found that to be a suspicious and unallowable diligence upon the improver's part, and which tended to engage the apprisers, by abiding at the instrument, to impugn the comprising, which the Lords found to be of a dangerous consequence; and therefore decerned, as is above mentioned, That by this proceeding, others should beware to do the like, and to seek such extrajudicial confessions. And here it is to be observed, that no subornation was tried against Galloway.
Act. Livingston, younger.Alt. Craig.Clerk, Gibson.
Durie, p. 2.
