Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Marione Wilkie
v.
William Hamiltoune

Date: 15 December 1649

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In the suspension of a decreet at Marion Wilkie her instance, against William Hamiltoune, who became caution de judicio sisti, for Jean Blacke, apprehended in Leith by the privilege of burghs; the Lords found that the act behoved to be produced, to see how he was bound; because the decreet was alleged to have been given without probation, the said Blacke never being summoned to give her oath; without the which the counts libelled upon could not have been cleared. And yet sibi imputet, who became caution, yet would not sist her person, who should have been cited upon oath, seeing the nature of that kind of caution imports a certification,—the whole hazard of the plea. And yet it was thought hard that the foresaid act should stand, seeing the alleged principal debtor was a free person; and urged with that caution extra territorium privile giatum,—it being done, not in Edinburgh, but in Leith.

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