Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

James Straton
v.
Lord Balmerinoch, David Little, and Patrick Somervel

Date: 21 July 1624

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In an action, pursued by James Straton, writer, against my Lord Balmerinoch and David Little, and against Patrick Somervel, for his interest, for making of money furthcoming, addebted to the said Patrick by the said Lord and David, in satisfaction of a debt owing to the pursuer by the said Patrick Somervel;—the said David Little compearing, and alleging that Patrick Somervel was denuded of his right of the sums addebted to him by them, for the which they were convened to another person, to whom they had paid the same before the arrestment libelled, and a term being assigned to them to prove this exception, the principal debtor, viz. Patrick Somervel, not compearing in this process,—the Lords found that it was necessary to summon the said Patrick, to the term assigned for probation, without which the diligence could not be sustained, but that the term ought to be circumduced, he not being warned thereto.

Act, Mowat. Alt. Lermonth. Scot, Clerk.

Page 140.