Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Fletcher of Aberlady v. The Heirs of Mr William Fletcher, Advocate
Date: 23 December 1693
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In a pursuit by Fletcher of Aberlady, against the Heirs of Mr William Fletcher, advocate,—witnesses being adduced by Aberlady to prove that Mr William held courts, and decerned the tenants; and it being objected, That the witnesses were moveable tenants to the adducer, and so not receivable:—It was answered, 1mo. That objection was introduced when they could be removed without previous warning; but now, since the Act of Parliament, they having time to provide for themselves, they were not liable to so much impression as before. The Lords repelled this answer. Then alleged,—They had got tacks; and, though it be since their citation to be witnesses, (for it might be more dubious if it were only after their citation in the cause,) yet it puts them out of the hazard of being removed; and so were receivable. The Lords thought it very suspicious, and therefore refused them. 3tio. Answered,—There is here penuria testium; and, though the process be in Aberlady's name, yet it is for Salton and Blackbaronie's behoof, who were his curators, and liable ultimately to make up this to the minor; and the tenants were nothing to the curators, and so receivable. Yet the Lords still rejected them; but declared, if the process had been at the curators' instance, they would have admitted them. Some were for receiving them cum nota.
