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Thomas White pursues Patrick Crocket in Elliot, to make payment of the sum of 600 merks, which the pursuer alleged he had in a leathern girdle when he lodged with Crocket, being in an inn-keeper's house, and that the defender promised that the pursuer should want nothing, after the pursuer had shown him the said girdle; yet the defender came ordinarily in the chamber, where the pursuer lay that night, and he wanted his money from under his head, which he declared, and shewed to the defender the next morning; and therefore, according to the law, nautæ caupones stabularii, &c. (which is observed in our custom) the defender, as keeper, ought to be decerned to restore. The question was here only of the manner of probation.
The Lords found all the libel relevant to be proved, prout de jure, and declared, that these being proved, they would take the pursuer's oath in litem, upon the quantity.
