An action to have an advocate deposed for lending his name in trust, in a matter under debate at law.
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Tolquhon having raised a summons against Sir David Thores, advocate, to hear and see, &c. that he ought to be deposed, conform to act, 216, Parl. 14. Ja. VI. for having lent his name in trust for one Forbes, to a right under debate at law.—It was alleged for the defender, That he is not in the case of the act of Parliament; because the right was not only granted to him in trust upon back-bond, but also he declared, at the first calling of the process in his name, that it was a mere trust; and so the reason of the act ceased.
This debate was laid aside at the pursuer's desire, till the event of a count and reckoning. (See Competent.)
