Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Prince v. William Sommervell
Date: 31 January 1693
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The Lords did not regard that objection against the decreet of cognition of Sir Magnus Prince's debt against the heirs of Edward White, the clerk of his brewery, before the Commissaries, that it proceeded only upon the count-book, and that the idoneus et legitimus contradictor, viz. Edward's wife, and her heirs, to whom Edward, wanting children, had disponed all his means and effects, were not called thereto; and that only three or four auditors, named by the bailies to peruse the accounts, subscribed the report; for they thought he was obliged to cite none but the nearest of kin to White, his debtor. But in regard that Sommervell had a clear and evident interest, and had never yet been heard how the said account had been made up, the Lords allowed him yet to condescend on this prejudice and lesion he sustained by that decreet of cognition, before they would loose or lay it open, or decern the parties to enter into the labyrinth of a new account, Sir Magnus being dead, who best knew how to clear it.
