Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Captain Donaldson v. James Cunningham
Date: 2 February 1694
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Arniston reported Captain Donaldson against James Cunningham. The question was, Whether the defender was bound to produce the disposition of some moveables, made to him by his father, mentioned in his oath; for, being pursued on the passive titles, referred to his oath, he had deponed, he meddled with none of his father's goods, save some contained in a disposition made to him in his father's lifetime, and which he had also then disposed upon, and which disposition bore no burden of his debts.
The Lords found, seeing they had examined him upon all, and that he confessed no intromission subsequent to his father's death, they would not now oblige him to produce the said disposition; though, in the process before the Sheriff, they had, by their interlocutor, appointed him to do it.
