Found in conformity with Bulmer against Williamson, No 37. p. 9377.
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In an action of ejection for a salmon-fishing, pursued at the instance of the Lo. Duffus against Monros, and for payment of the profits since the ejection, the summons being proven, and the special quantity of the profits of the fishings being also clearly proven, the Lords, nevertheless, before they would decern for that special quantity which was proven, and albeit the defenders were likewise holden as confest, for not giving their oaths de calumnia, yet, at the advising of the process, found that the pursuer ought to give his oath de credulitate, upon the quantity of the profits, and would not pronounce sentence thereupon, until the time he, by his oath foresaid, deponed that the profits extended to the quantity, for the which the summons was proven; and this was found, albeit no party defender compeared in the cause.
Act. Belshes.Alt. Absent.Clerk, Gibson.
Fol. Dic. v. 2. p. 13. Durie, p. 156.
