Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Earl of Tweddale
v.
The Laird of Drumelziar

Date: 15 November 1676

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The Earl of Tweddale gave in a bill, representing, That Robert Fergushill was adduced as a witness to astruct the verity of a disposition, bearing to be granted by the late Earl to Drumelziar, of certain lands; and bearing, that the said Robert is writer and witness, and that he had information of several grounds against the inhability of the said Robert; and therefore desired that he might not be received till the conclusion of the cause.

Which the Lords refused, in respect of their common custom that all witnesses are admitted, unless relevant objections be instantly verified against them; for, if that cannot be, parties can only protest for reprobators: and, therefore, the Lords ordained the witnesses to be received; and, if any relevant objection were proponed and instructed, ordained the Ordinary to discuss and admit the same. And further, declared, that if the petitioner condescended upon relevant objections, to be instructed before advising the cause, they would admit the same upon a summary citation against Drumelziar and Fergushill himself.

Vol. II, Page 464.