Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
White v. Patrick Crockat
Date: 4 December 1661
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White, a Fletcher in Falkland, convenes Patrick Crockat in Alyth, libelling That he coming to his house to lodge with some other drivers, he had in his custody 600 merks, which he shewed and intimated to Patrick; who bound and obliged him by word to secure him while he was in his house, and promised to go betwixt him and all hazard. He libelled it was taken from him that night out under his bed by the said Patrick; at least he was seen often to come into the chamber in the night: and so, by the law, concluding restitution. The defender denied the libel. The question was anent the manner of probation.
It was found in the Inner-House that that part of the libel bearing the pursuer to have had money with him in a bag when he came to that house, [was] probable by witnesses; which if he proved, they would allow him juramentum in litem anent the quantity. For the other part anent the promise, they found it only probable scripto vel juramento, together with the intimation.
Act. Maxwell.Alt. Dinmuire. Jo. Hay, C.
MS. folio 51.
