Scottish Court of Session Decisions

Subject_1 WITNESS.

Flockart
v.
Lord Rollo

Date: 24 February 1682
Case No. No. 93.

Click here to view a pdf copy of this documet : PDF Copy

It being objected against witnesses adduced in a process for proving the passive titles against the defender, that they were creditors to his father, and so must tine or win by the probation, in so far as the proving of the passive titles would make the defender represent his father, which would secure the debts due to the witnesses.

Answered: The like objection was repelled, January, 1682, in the case of Hay of Murie against Phinhaven, No. 91. p. 16683.; and here the witnesses are secured by wadsets from the defender's father, and they are the defender's own people, viz. his bailie, his grieve, and his clerk, who will not readily depone against their master in any thing that is not true; besides, intromission with heirship is of difficult probation.

The Lords repelled the objection, February, 1682, and thereafter adhered to their interlocutor.

Harcarse, No. 785. p. 221.