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.

Chalmers
v.
Viscount Aird

Date: 6 July 1632

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One Kennedy being addebted to James Chalmers in a certain sum, James arrests as much in the Viscount of Aird's hands as was owing by him to his debtor Kennedy, and summoned him, upon sixty days, to make the arrested goods forthcoming. Alleged, The Viscount could not be holden as confessed upon that summons, he being out of the country, animo remanendi, and having his residence in Ireland, especially in this case where he was not convened upon a debt due by himself before; but the pursuer was to constitute a debt against him by his oath only. Replied, That ought to be repelled, because he offered to prove that his Lady remained in the country, ordinarily in the Lochwood; and, where the wife is, there the family is understood to be; likeas he himself uses yearly to come to the country once or twice, and the arrestment was made personally, he being within the country; and further, he hath lands in the country, against which the pursuer desires only to have execution of his decreet, and not against his person. The Lords ordained the defender's procurators to take a day to produce him, or otherwise to be holden as confessed.

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