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One in the time of his sickness, whereof he shortly died, having set down and written in his count-book the particular debts owing by him; one of the creditors, to whom he gave up himself in the said count-book to be owing 1000 merks, after his decease convenes the nearest of kin to the defunct before the Commissary of Lanark, to hear and see the hand-writ of the count-book to be cognosced to have been the proper hand-writ of the defunct, and that he was his debtor therein; and upon this pursuit he obtained sentence in that court; whereupon he having arrested some debts of the defunct's, and pursuing to make the same furthcoming; this sentence before the Commissary, cognoscing the hand-writ in that court, was found null, as not being a subject proper to that jurisdiction, and so it could not be a ground of this action.
Act. Primerose.Alt. Russel.Clerk, Scot.
Fol. Dic. v. 1. p. 505. Durie, p. 405.
