Proof of the property of moveables allowed prout de jure.
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Thomas Paterson pursued Nicol Edward for making certain goods and sums of money forthcoming to him, which he had arrested in his hands, as pertaining to John Mackcubie his debtor. The defender contended, That the pertaining of the goods libelled to John Mackcubie could not be proved but scripto vel juramento partis, especially considering, that the said John Mackcubie had made assignation of the same goods before the defender, in which case he was content to make litiscontestation, The Lords sustained the libel to be proved prout de jure, as had been done before in the like action between Sir Jerome Lindsay and the Laird Caprington, No 614. p. 12723, wherein was found, that Sir Jerome might prove that certain silver work did appertain to the old Lady Caprington by witnesses, although the Laird did allege a special disposition of the same silver work to himself by the Lady.
Spottiswood, (Probation.) p. 243.
*** Durie's report of this case is No 16. p. 4885, voce Fraud.
