Consigned sums for redemption being taken, and annualrent taken therefor since consignation, the taking up thereof was found proveable by the consignatary's and clerk's oaths, the consigner being dead.
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In a count and reckoning at the instance of Applegirth, for declaring two apprisings led by Lockerby satisfied, this query was moved by the auditor, whether a sum consigned by umquhile Applegirth for redeeming a part of the lands wadset to Lockerby, conform to the reversion in the wadset, might be proved to be uplifted by Applegirth from the consignatar by the oath of the consignatar, and of the clerk of the process who received the money, or only by writ, Applegirth the consignatar being dead.
The Lords considering that it was ordinary to take up sums consigned for redemption of wadsets, being upon the peril of the consigner, did appoint the oath of the consignatar and clerk to be taken, for proving that the money was taken up by Applegirth from the consignatar, and that Applegirth, and not the consignatar, put it in the clerk's hands, and that the clerk gave it up again to Applegirth.
