Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Creditors of Fleyming of Corwood
v.
Him

and William Dick
v.
Thomas Thomson

1637. November 11. 1637. July 5.

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Fleyming of Corwood, having contracted great debt, and absenting himself; wherethrough his creditors suspected that he had fled, and therefore gave in supplication to the Lords, that they might have a commission to apprehend the said Fleyming, and present him to the Lords, that some order might be taken for their satisfaction, before he escaped, seeing the creditors understood where he lurked: It was long reasoned amongst the Lords, that, seeing he was neither at the horn, nor letters of caption against him, but the king's free liege; there could no commission be granted to his creditors to take him. And this was the opinion of them who were of best judgment; but the greater number yielded to give a commission, but sent a messenger with the party, who, finding Corwood outwith the town, brought him in to the session, and there, with his own consent, he was content to remain in a house in Edinburgh, and keepers with him, for certain days, that he might treat with his creditors to give them satisfaction.—11th November 1637.

2d MS. Page 51.

The like was granted to William Dick against Thomas Thomson, factor at Rowan, although no bankrupt.—5th July 1637.

2d MS. Page 52.