Ludovick Stewart and Others, v. Theodore Montgomery
Date: 8 February 1677 Case No. No. 80.
A witness renouncing his interest in the cause may be received.
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In an action for proving the tenor against Theodore Montgomery, there being one George Montgomery cited as a witness, it was alleged, that he could not be received because he might tyne and win in the cause, in so far as he had a right of wadset of a part of these same lands of Auchenhead, granted to him by the Earl of Eglintoun. It was answered, That his right was only a wadset, and besides his infeftment, he had sufficient caution in case of requisition, and so was in no hazard to win or tyne in the cause. The Lords did find, that unless he would renounce his right of wadset, and take him to his security by cautioners, he could not be received a witness, seeing without his renunciation he kept it still in his option to make use of his infeftment, or to require and pursue the cautioner.
