Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Hammermen of Glasgow
v.
Cornelius Crawford of Jordanhill

Date: 5 March 1628

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The deacon of the Hammermen in Glasgow pursued Cornelius Crawford of Jordanhill to hear and see the tenor of a bond of £100 made to them by his father, proven. Alleged, All parties having interest were not warned, viz. the executors of his father, who behoved to be summoned, because they must relieve the heir. Replied, No necessity to summon any but the heir, because the defunct having obliged, by the bond, both his heirs and executors, it was in the pursuer's option, as if he were in the execution, (in which he was in effect, because he craved the tenor to be proven, and, being proven, payment,) either to pursue the heir or the executor. Next he convened the defender as heir, at least universal intromittor, at least as executor to his father. The Lords, in respect of this last part of the reply, repelled the exception, unless the defender would condescend upon some other than himself that was executor to his father.

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