Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Thomas Hepburne v. Jo Ker, Matthew Rowan, and Others.
Date: 21 November 1663
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Robert Hepburne, merchant-burgess in Glasgow, had, the time of his decease, sundry tenements of lands lying within the said burgh pertaining to him. He dies. Thomas Hepburne, in Craigmuire, his brother's son, as apparent heir, intents a summons of exhibition of whatsoever writs, rights, evidents, contracts, dispositions, charters, infeftments, precepts of seasine, heritable bonds, and other securities, granted to his said uncle or his authors, of the said lands and tenements, or his other rights whatsoever, that he may have inspection thereof, ad deliberandum whether he should enter heir or not to his said uncle; item, for delivery of the same to him as his own proper writs and evidents, to be used by him at his pleasure, if he find upon inspection thereof that it will be profitable to him to serve and retour himself heir to his uncle; and these unrased, uncancelled, &c. against Jo. Ker, Matthew Rowan, writer in Glasgow, and others, as havers, one or other of them in their hands, keeping, and custody, the said writs and evidents after called for, (which must be specially designed,) or, at the least, had them, and have now fraudfully put the same away. Their having thereof, he refers to their oath, of verity; whereupon their procurator takes a day to produce them to give their oaths; which, the day being come, he accordingly did. And they upon their oath being examined anent the points of the summons, the Lords found their depositions not to prove the said summons libelled against them. Whereupon by decreet absolvitor, the Lords assoilyie them simpliciter from the articles of the summons, and desire of the pursuer, craving them to bring with them the said writs called for, and then to hear themselves decerned to exhibit or deliver the same to him.
Act. Sir Thomas Wallace.Alt. William Braidie. Hay. J. Boog.
Signet MS. No. 7, folio 3.
