Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Marion Comblin v. William Corby
1679 and 1681.
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1679. December 24.—In Marion Comblin's improbation against William Corby, the execution of an apprising being offered to be improven by Comblin as false, Corby the appriser comes to abide by the verity of it, and offers to abide at it as truly so delivered to him by the messenger. And the late interlocutor in Colin Robertson of Kindies and Skibo's case, (19th Nov. I679,) being objected, the Lords not only ordained him to abide at it as truly delivered, but also as truly subscribed by the messenger. And allowed him, if he pleased, to adduce the messenger or other adminicles to fortify the execution; but would not bind him to stand to it as actually and really so executed.
The instrument of requisition whereupon the said apprising proceeded being likewise offered to be improven, it was craved he should simply abide at the truth of that instrument, because not only the notary is his own brother, but also he is the person in the instrument mentioned as personally compearing and requiring the money; which is a great specialty. Vide 15th July 1681.
Vol. I. Page 72.
1681. July 15.—In the reduction, Comblin against William Corby, (24th Dec. 1679,) of his comprising, though the witnesses in the executions of the special and general charges to enter heir, and of the comprising, deponed that they did not think they were ever adhibited as witnesses to these acts, (which might be sufficient to annul and reduce the comprisings, though not to improve them;) yet the Lords being unwilling, on such a non memini, to take away men's rights, they farther ordained the messenger to be summoned to depone. But, if the executions be false, he for his own preservation will be loath to confess; besides, he is the appriser's own brother.
