Witnesses examined ex officio in a reduction of a deed on the head of circumvention, whether the writ was read to the granter, and what motives were used to make him subscribe.
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Andrew Steven having made a disposition of his lands to Cornelius Neilson his good-brother, and thereafter another disposition to his brother Adam Steven; they pursue a reduction of Cornelius's disposition; first, As being upon trust, and only for the security of a thousand merks, whereanent, it being debated anent the manner of probation and witnesses, ex officio, being craved for clearing the trust, by the writer, witnesses and communers;
The Lords refused to sustain the same, till first they considered the other reason of circumvention, which was libelled thus, That the disponer was a lavish, weak person, that the disposition was elicited by his own good-brother for a thousand merks only, and that he kept him privately from the access of all other friends, and drank him drunk, in which condition he was when the disposition was subcribed, and that it was not read unto him; and it being excepted upon a ratification, some weeks after at another place, and the reason of circumvention repeated on the same terms against that ratification:
The Lords ordained witnesses to be examined ex officio, upon the reason of circumvention as to both, and specially, whether these writs were read at the subscribing, and whether the subscriber was drunk, and whether he was thereby insensible or disordered in his reason, or what were the motives induced him to subscribe.
