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Sir John Aytoun of Aytoun and Machany v. Stuart of Innernytie
1681.
November. Case No. No. 90.
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It being objected against a witness adduced for proving the delivery of a bond of 4,000 merks, and assignation thereto, that 1000 merks of that sum was payable to the witness; and so he was a party;
Answered: The witness objected against was the defunct's servant, and so was necessary, though not inserted.
The Lords ordained the witness' oath to be taken ex officio, and to be sealed by itself, in case he should die; and declared they would consider at advising, whether or not to make use of the deposition.
