Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Cornelius Crawfurd of Jordanhill, v. M'Cailzone and Others
Date: 28 November 1663
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Mr. Ninian Campbell, minister at Roseneth, in anno 1656, by his bond, grants him to have received from Cornelius Crawfurd of Jordanhill, the sum of L.754; and for the said Cornelius his surer repayment thereof, he infefts him in an annual of L.44. 12s. 8d. as effeiring to the said sum of L.754, to be uplifted out of the three merk land of Carreask and Balingoune, within the Lordship of Cavell and Sheriffdom of Argyle. Cornelius afterwards coming to know that the said Mr. Ninian had some monies in the parishioners' hands, he arrests the same: and then (Mr. Ninian being dead,) he pursues to make furthcoming; summoning thereto the relict and his son, with his curators for their interest, if he any have. For instructing his summons, [he] produces in presence of the Lords the bond granted him by Mr. Ninian, his instrument of seasine, with the letters of arrestment, and their executions; and what cannot be verified by thir, he is content to refer to the defenders (in whose hands the arrestment was made) their oaths of verity.
This the Lords found relevant; and therefore assigned him a day against which he should summon them to that effect. Which he having done, and they failyieing, they were held as confessed; and decreet given against them, ordaining them to answer the pursuer in his desire of the libel.
