Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Weir of Kirkfield v. Patrick Mitchell
1684.
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February 8.—Patrick Mitchel in Preston having raised brieves to serve himself heir to——Mitchell his cousin-german, before the bailies of the Canongate, and having led probation on his consanguinity before the inquest; James Weir of Kirkfield, servant to the high-treasurer, having got the gift of the defunct's ultimus hæres and bastardy, raises an advocation; and though there were no documents of bastardy, but great evidences of his legitimacy and his contingency of blood, yet it was advocated to the macers, and Saline appointed to be their assessor. Vide 10th April 1684.
Vol. I. Page 268.
April 10.—Patrick Mitchell's service (mentioned 8th February 1684,) being ordained to be led before the macers, and Saline adjoined as their assessor, and this day being set; Weir of Kirkfield, donatar to the defunct's bastardy, stopped it on a bill, pretending that if he had got an incident to cite witnesses on the bastardy, and to prove the inhability and poverty of Mitchell's witnesses, he would make it appear that this party had no blood interest at all, and that the defunct frequently declared he was nothing to him.
On this, they continued the service for two weeks, and granted the donatar a diligence;but at last the service was got expede on a probation of his propinquity.
