[1672] Mor 16913
Subject_1 WRIT.
Subject_2 SECT. V. What Designation sufficient?
Date: Bailie of Littlegill
v.
Somervel
21 February 1672
Case No.No. 147.
In an improbation of an execution in which one of the witnesses was designed indweller in Edinburgh, a particular condescendence of the designations of the witnesses, was ordered to be given in.
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In a competition between Baillie arrester, and Somervel assignee, having a prior intimation, which Baillie offered to improve, wherein there was but only two witnesses, the one designed William Wood indweller in Edinburgh; whereanent it was alleged that he ought to be more particularly designed, because it was not constant that ever there was such a person, and the designation was so general, that by no inquiry it could be found, unless all the indwellers in Edinburgh at that time were examined; it was answered, That the act of Parliament anent the designation of witnesses requires no further, and so the party was not obliged by any law to condescend further.
The Lords found that the assignee ought to condescend more particularly, that the witnesses might be found and known.
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