A person accused of fraud in putting away writs, was found obliged to show quo modo desiit possidere.
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Brown, as heir to Mr Richard Brown, who was heir to Thomas Brown, pursued for exhibition and delivery of a wadset right, granted in favours of Thomas; wherein the Lords having sustained witnesses to be admitted to prove, not only the having of the writs since the intenting of the cause, but the having them before, and the fraudful putting them away, which ordinarily is only probable by writ or oath, unless evidences of fraud be condescended on; in respect the matter was ancient, and the pursuer had long lived in England; now, at the advising of the cause, several of the witnesses were found to depone, that the defender, before the intenting of the cause, not only had such a wadset right, but was dealing to get the same conveyed in his own person, which importing fraud,
The Lords would not absolutely decern him to exhibit, but found that he behoved, docere quomodo desiit possidere, or otherwise produce, and therefore ordained him to compear that he might be interrogated, and condescend upon the particular writs.
