Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Ker v. David Hepburn of Humbie
Date: 11 January 1694
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Crocerig reported the case of Sir William Ker, Director of the Chancery, against David Hepburn of Humbie, on a decreet, holding him as confessed upon a promise of payment. The generality of the Lords thought the grounds urged by Humbie for purging his contumacy, and being reponed to his oath, very plausible, viz.—That, at the first term assigned, he was indisposed, and keeping the house, though he was recovered before the circumduction; that the act was put up in the minute-book, not in Sir William's name, but in Mr John Slack's name, and that, before the decreet, Mr John Slack was dead, who was the principal pursuer; albeit there was also a conclusion in the summons at Sir William's instance, that he ought to be relieved of that cautionary: yet they thought fit to delay the taking in the report, till it was tried if the parties would settle in the terms of the transaction Sir William had made with Slack, whereby he had componed the debt for near the half; seeing he was the principal debtor's brother and apparent heir, and only pled that his niece, the Lady Livingston, as heir of line, was not first discussed, and that his brother was interdicted; which did not seem so favourable a case.
